By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to refund the excess amount collected and to pay cost and compensation due to the charging of excess amount and for not supplying the requested materials.
2. Brief of the complaint:- The complainant booked for one Door frame and one window frame consisting of 3 boxes in the wood of 'cheriya kunni' to the opposite party. But the opposite party made the door frame as per the order and window frame is made only with 2 boxes and brought to the house of the complainant. Due to urgency the complainant forced to fit the two box window from even though there was space for three box frame. More over the opposite party has charged Rs.6,000/- more comparing to other furniture shops charges. The opposite party has charged altogether Rs.24,000/- instead of Rs.18,439/- comparing to the charge of power wood furniture, Vythiri for the same materials.
3. More over the opposite party has charged Rs.350/- as transportation charges also. The complainant has produced the quotation give by one Sreekumar, Power wood furniture, Vythiri for the same material worth Rs.18,439/-. According to complainant the above act of the opposite party is unfair trade practice and prayed to direct the opposite party to pay Rs.1 lakh for the loss and mental agony caused to the complainant.
4. Notices were served to the opposite party and opposite party filed version admitting the transaction and denied all the other allegations avered in the complaint and prayed to dismiss the complaint with compensatory cost.
5. Complainant filed proof affidavit and stated as stated in the complaint and Ext.A1 and A2 documents were marked. Ext.A1 is the Bill issued by the opposite party to the complainant dated 14.11.2015 for Rs.24,000/-. Ext.A2 is the Quotation given by the Power Group of companies Wood Industrial, Vythiri for Rs.17,895/- for the same materials. Complainant taken a commission and Commissioner filed report and it is marked as Ext.C1 and Quotations produced by the Commissioner is marked as Ext.C1(1) and Ext.C1(2) and the Commissioner is examined as CW1.
6. From the side of opposite party, opposite party filed proof affidavit and stated as stated in the version and he is examined as OPW1 and all evidence closed.
7. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the part
of opposite party?
2. Relief and Cost.
8. Point No.1:- Anyway the complainant alleged the charging of excess price and supplying of two box windows instead of 3 box windows. To prove the allegation the complainant taken out a commission and Commissioner reported that there is enough space for 3 box window frame and the maximum charge that can be charged for the above said materials is Rs.23,074/- only, it is a detailed commission report issued by an independent Expert. This report can be believed totally. Hence we found that non supply of booked window frame and charging of excess charges for the frames is a clear case of deficiency of service and unfair trade practice from the side of opposite party. Hence the Point No.1 is found accordingly.
9. Point No.2:- Since the Point No.1 is found against the opposite party and the opposite party is liable to refund the excess amount collected from the complainant and to pay cost and compensation and the complainant is entitled for the same. Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to refund Rs.926/- (Rs.24,000-23,074) which is collected in excess and also directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order, failing which the complainant is entitled for an interest at the rate of 12% per annum for the whole amount till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of August 2016.
Date of Filing: 10.12.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Robinson. Complainant.
CW1. Krishnankutty Achari. Carpentary Instructor, ST Development Department, Kalpetta.
Witness for the Opposite Party:-
OPW1. Thomas. E. M. Business.
Exhibits for the complainant:
A1. Estimate. Dt:14.11.2015.
A2. Quotation. Dt:18.12.2015.
C1. Commissioner Report. Dt:26.03.2016.
C1(1). Quotation from Alex Timber Traders. Dt:18.03.2015.
C1(2). Quotation from Edakkat Sawing Establishment. Dt:18.03.2016
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
