Thomas V/S Alias S/o Varghese - Consumer Court Case

Kerala

Idukki

C.C No.243/2006

Alias S/o Varghese - Complainant(s)

Versus

Thomas - Opp.Party(s)

14 Nov 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Consumer Disputes Redressal Forum, Idukki, Kuyilimala, Painavu PO-685603
consumer case(CC) No. C.C No.243/2006

Alias S/o Varghese						...........Appellant(s)
Vs.
Thomas						...........Respondent(s)

BEFORE:

1. Laiju Ramakrishnan 2. Sheela Jacob

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended

Highly recommended!

5.0 (615)

Bhanu Pratap

Featured Recomended

Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

ORDER

SMT.SHEELA JACOB(MEMBER) The complainant Sri.Alias purchased a milch cow from Sri.Thomas, the opposite party for a consideration of Rs.11,000/-. It was promised by the opposite party that the cow was yielding 7 litres of milk in the morning and 4 litres milk in the evening. Though the cow was brought to the house of the complainant and protected properly, but he received only 5 litres of milk in the morning and 3 litres of milk in the evening. The matter was informed to the opposite party. But the opposite party took the stand that it was due to the fault of the complainant that the yield was reduced. He did not give any favourable answer. When the complainant also directly demanded to the opposite party, he did not give any compensation. Alleging deficiency in service against the opposite party, the complaint has been filed for a direction to the opposite party to return the excess amount Rs.4,500/- along with Rs.5,000/- as compensation besides the costs of this petition. 2. The opposite party is exparte. The complainant has given evidence as PW1 and Ext.P1 was marked. 3. Ext.P1 is the pass book issued by the Vazhathoppu Milk Co-operative Society. The gist of the complaint is that the complainant did not get the offered quantity of milk from the cow. The complainant believed and acted upon the representation of the opposite party, regarding the quantity of milk. The complainant was examined as PW1 and his evidence would show that there was clear deficiency in service on the part of the opposite party. He should have return the excess amount Rs.4,500/-. In the circumstance we fix Rs.1,500/- as compensation including the mental agony and costs of this petition. In the result, the opposite party is directed to pay to the complainant the excess amount of Rs.4,500/- and Rs.1,500/- by way costs and compensation of this petition within 30 days of receipt of a copy of this order, failing which the outstanding amount shall carry 12% interest from the date of default. Pronounced in the Open Forum on this the 27th day of May, 2008 SMT.SHEELA JACOB(MEMBER) Sd/- I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- I agree SMT.BINDU SOMAN(MEMBER)

SMT.SHEELA JACOB(MEMBER) The complainant Sri.Alias purchased a milch cow from Sri.Thomas, the opposite party for a consideration of Rs.11,000/-. It was promised by the opposite party that the cow was yielding 7 litres of milk in the morning and 4 litres milk in the evening. Though the cow was brought to the house of the complainant and protected properly, but he received only 5 litres of milk in the morning and 3 litres of milk in the evening. The matter was informed to the opposite party. But the opposite party took the stand that it was due to the fault of the complainant that the yield was reduced. He did not give any favourable answer. When the complainant also directly demanded to the opposite party, he did not give any compensation. Alleging deficiency in service against the opposite party, the complaint has been filed for a direction to the opposite party to return the excess amount Rs.4,500/- along with Rs.5,000/- as compensation besides the costs of this petition. 2. The opposite party is exparte. The complainant has given evidence as PW1 and Ext.P1 was marked. 3. Ext.P1 is the pass book issued by the Vazhathoppu Milk Co-operative Society. The gist of the complaint is that the complainant did not get the offered quantity of milk from the cow. The complainant believed and acted upon the representation of the opposite party, regarding the quantity of milk. The complainant was examined as PW1 and his evidence would show that there was clear deficiency in service on the part of the opposite party. He should have return the excess amount Rs.4,500/-. In the circumstance we fix Rs.1,500/- as compensation including the mental agony and costs of this petition. In the result, the opposite party is directed to pay to the complainant the excess amount of Rs.4,500/- and Rs.1,500/- by way costs and compensation of this petition within 30 days of receipt of a copy of this order, failing which the outstanding amount shall carry 12% interest from the date of default. Pronounced in the Open Forum on this the 27th day of May, 2008 SMT.SHEELA JACOB(MEMBER) Sd/- I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- I agree SMT.BINDU SOMAN(MEMBER)

......................Laiju Ramakrishnan
......................Sheela Jacob