CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 21st day of June 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 24/03/2014
: SMT. SHINY.P.R ,MEMBER
: SMT.SUMA K.P, MEMBER
CC/47/2014
Panayur Ksheerothpadaka
Sahakarana Sangam Cliptham No. P 229(D) Apcos,
Panayur P.O, Vaniyamkulam Panchayath,
Ottapalam Panchayth, Ottapalam Taluk,
Palakkad Dist. , Rep. by the Secretary Ambkia
D/o. Ramankutty, Kundukandathil House,
Koonathara Amsam, Panayur Desam,
Panayur ( P.O), Vanimkulam, Ottapalam. : Complainant
(By Adv. K. Sujith Kumar & Adv. Shine Francis)
Vs
The Proprietor/ Manager,
Kilo Scale, Mahaveer Building ,
New Bus Stand, Kalpetta,
Wayanad Dt. : Opposite party
O R D E R
By Smt. Shiny. P. R. Member.
Brief facts of the complaint: - The complainant is the Milk Society registered under the Co- operative Societies Act 1969. The complainant purchased two weighing balances on 24-3-09 and 25-3-09 after paying the required price of the machines. The complainant purchased these machines exclusively for the purpose of weighing the milk supplied by its members. At the time of purchase, opposite party assured that both weighing balances will be stamped from Legal metrology department and certificate will be delivered to the complainant. Believing the version of the opposite party complainant purchased the machines. But the opposite party failed to deliver the certificate of the legal metrology after stamping the weighing balances. Without this certificate complainant could not use the weighing balances from 2009 onwards. On 3-9-11
legal metrology department impose penalty of Rs. 2,000/-(Rupees Two Thousand only) for possessing the weighing balances without certificate. On 31-7-12 the complainant purchased other weighing balance for weighing the milk. On 3-8-2012 complainant sent a lawyer notice to the opposite party. But the notice was returned stating unclaimed. Complainant submitted that by the act of the opposite party, adversely affected goodwill of the society and has suffered huge loss. Hence the complaint. Complainant prays for an order directing the opposite party to deliver the certificate of two weighing balances of legal metrology department, to pay Rs. 2,000/-(Rupees Two Thousand only) for the penalty already paid to the legal metrology department and Rs. 4,00,000/-( Rupees Four Lakhs only) for compensation for mental agony.
Complaint was admitted and notice issued for appearance of opposite party. After receiving the notice, opposite party did not appear before the forum. Hence they were set exparte.
The evidence adduced by the complainant consists of their chief affidavit and Ext. A1 to Ext. A7
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite party?
2. If so, what is the relief and cost?
ISSUES 1 & 2
Heard the complainant: - We have perused the documents on record. Complainant submitted that they purchased two weighing balances on 24-3-09 and 25-3-09. As per Ext. A1 and Ext. A2 they have paid full amount to the opposite party. At the time of purchase they assured that they will give certificate of legal metrology department after stamping the same. There is a duty cast upon the opposite party being the seller of the weighing balances to give the certificate of weighing machines to the complainant. The opposite party did not do so. This act of opposite party amounts to deficiency of service. Complainant purchased another weighing machine for their purpose. As per Ext.A4 they gave penalty of Rs. 2,000/-(Rupees Two Thousand Only) to the legal metrology
department for non availability of certificate. Without the certificate, they could not do anything with the weighing balances. Hence the opposite party is liable for their act.
In the view of the above discussions, we are of the opinion that there is deficiency in service on the part of opposite party. Hence we allow the complaint partly. The opposite party is directed to deliver certificate after stamping the weighing balances with the legal metrology department, to pay Rs. 2,000/-(Rupees Two Thousand only) for penalty they have already paid, Rs. 10,000/-(Rupees Ten Thousand only) as compensation for deficiency in service and Rs. 1,000/- (Rupees One Thousand only) as cost to the complainant. If the opposite party failed to deliver the certificate within one month from the date of order, complainant is entitled to realize Rs. 10,000/- (Rupees Ten Thousand Only) as an additional amount from the opposite party.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 21st day of June 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma. K.P
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Copy of sale bill dated 24/03/2009
Ext.A2- Copy of sale bill dated 25/03/2009
Ext.A3 – copy of the meeting dated 20/08/2012 of Panayur Ksheerothpadaka
Sahakarana Sangam.
Ext.A4- Copy of T.R.5 receipt issued by legal metrology department
Ext.A5 - Copy of Certificate Verification No. 350/2012
Ext.A6 - Copy of lawyer notice sent by complainant to the opposite party
Ext.A7 – Original notice returned from opposite party as unclaimed.
Exhibits marked on the side of the opposite party
NIl
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
