By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- On 23.08.2012 complainant purchased dress materials worth Rs.4,032/- from the shop of opposite party. The next day he exchanged some of the dress materials with the consent of opposite party. After the exchange there was a variation in bill amount. Instead of returning that balance amount of Rs.76/- opposite party stated in the second bill as “Rs.76/- is here”. According to complainant he is entitled to get back the balance amount. But opposite party was not ready to return it. This is deficiency in service on the part of the opposite party. So the complainant prays to get back Rs.76/- with interest @ 12% per annum and Rs.2,000/- towards compensation.
2. Notice sent to opposite party served on 15.01.2013 sufficient time has granted to opposite party to file version but opposite party not present before this Forum or filed version within time. Hence opposite party is set ex-parte on 18.02.2013 and proceeded with the case.
3. On considering the complaint and affidavit the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
4. Point No.1:- To prove complainant's case in addition to complaint he filed chief affidavit and Exts.A1 and A2 are marked. Ext.A1 is the Cash Bill No.57867 dated 23.08.2012 of Rs.4,032/- issued by the opposite party to the complainant. Ext.A2 is the Cash Bill No.58738 dated 24.08.2012 of Rs. -76/- given by opposite party to the complainant. On perusal of document Ext.A2 it is clear that Rs.76/- balance is there with opposite party. If there is any
variation in the bill amount opposite party is bound to return the balance amount. Instead of returning the amount mere recording in the bill “balance is here” is not a proper manner. So this is deficiency in service on the part of the opposite party. Point No.1 is found accordingly.
5. Point No.2:- Complainant is residing at Pulpally that is 25 km away from the opposite party's shop. Opposite party was not ready to return the balance amount it causes many inconveniences to the complainant. So he is entitled to get back the balance amount Rs.76/- with interest @ 12% from the date of purchase till payment. He is also entitled to get Rs.300/- as cost and compensation.
In the result the complaint is partly allowed the opposite party is directed to pay the complainant Rs.76/- (Rupees Seventy Six Only) with 12% interest from the date of purchase till payment. The opposite party is also directed to pay Rs.300/- (Rupees Three Hundred Only) towards cost and compensation to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 31st day of May 2013.
Date of Filing:03.01.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Vat Invoice. Dt:23.08.2012.
A2. Vat Invoice. Dt:24.08.2012.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
