Date of filing : 13-11-2014
Date of order : 30-01-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.240/2014
Dated this, the 30th day of January 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Mohammed Ashraf, S/o.Noorudeen.P.K. : Complainant
R/at Kaniyamthotti House, Mavila Road,
Chemnad, Paravanadkam.Po.
Kasaragod.Dt.
(Adv.Madhavan Malankad, Kasaragod)
The Proprietor, KR Pumps, 302-D, : Opposite party
Chellam Complex, Opp. Alegendra,
1st Floor,Dr. Nanjappa Road, Coimbatore.18
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
Complainant Sri. Mohammed Ashraf is a self employed youth engaged in cutting gardening grass and designing plants and earns his livelihood from the job. Complainant placed an order for Lawn Movers and as well as Electric Hedge Trimmer for Rs.20,500/-, but opposite party failed to supply the machines as promised earlier. At last on 16-07-2014 opposite party delivered KKLM0P 61418-non self propeller machine. But electric hedge trimmer is neither delivered nor its refund is made. But the lawn remover delivered by opposite party is not working properly. Every time it stops suddenly. Eventhough this fact is brought to the notice of respondent and they offered to send technician it was not attended or repaired till date. Due to the non-delivery of the Electric Hedge Trimmer and non repair of Lawn remover complainant suffered heavy loss and mental agony. Hence the complaint for necessary redressal.
2. Opposite party served notice but did not turned up. Name of opposite party called absent set exparte.
3. Complainant filed proof affidavit. Exts A1 & A2 marked. Heard.
4. The case of the complainant is that he placed an order of Lawn mover and as well as Electric Hedge Trimmer believing the words representatives of opposite party that their machines are superior quality durable and of satisfactory performance. Complainant deposited an amount of Rs.20,500/- through SBI Kasaragod branch and the amount was credited to their account. Opposite party failed to deliver the machine in time. The opposite party offered to supply the machine within 7 days of payment. At last on 16-07-2014 opposite party delivered non self propeller machine through Kerala Road ways Kasaragod centre. Complainant paid Rs.280/- towards delivery charges. But electric hedge trimmer is not delivered till the date of filing complaint nor its refund is made.
5. After placing order for these machines, complainant agreed to do the job of lawn remover, cutting of leaves, branches of plants and also designing of plants with others. Due to the non delivery of Electric Hedge Trimmer, complainant was not able to complete any of the Jobs undertaken by him. Due to the delay in delivering the electric Hedge Trimmer complainant suffered heavy loss of work, loss of income and mental agony. The lawn remover supplied by opposite party is not working properly. Every time it stops suddenly, this fact also brought to the notice of respondent but so far it is neither attended nor repaired. This amounts to deficiency in service and unfair trade practice. The irresponsible attitude of opposite party caused financial loss and mental agony to the complainant which opposite party bound to compensate.
6. The prayer of the complainant requested to refund Rs.21,500/- in his complaint and affidavit as per Ext.A1 the price of lawn mover is shown as Rs.16,000/- which is delivered. The price of Electric Hedge Trimmer shown as Rs.5000/-. Due to the non supply of Electric Hedge Trimmer, its price Rs.5000/- can be refunded.
In the result, complaint is allowed. Opposite party is directed to refund Rs.21,500/- with a compensation of Rs.3000/- and Rs.2000/- as cost. On receiving the amount complainant is directed to return back the Lawn remover. Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 30-06-2014 Order for supply of articles issued by opposite party.
A2. 16-7-2014 Cash receipt.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/
MEMBER PRESIDENT
Exts.
A1. 30-06-2014 Order for supply of articles issued by opposite party.
A2. 16-7-2014 Cash receipt.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/
