BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 10/07/2012
Date of Order : 10/10/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 418/2012
Between
Madhu Kumar. K. (Partner), | :: | Complainant |
Celebration, 'Gouri Sadan', Tata Pipe Line Road, Ayyappankavu, Kochi – 682 018. |
| (Party-in-person) |
And
General Manager, | :: | Opposite Party |
Trinethra Super Retail Pvt. Ltd., Door No. 256 A & B, Opp. G.M. Motors, Nettoor. P.O., Kochi – 682 304. |
| (Absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The complainant is a dealer of ice cream. The complainant has been supplying ice cream to the opposite party since 2008, who is conducting Super Markets in Ernakulam District. The bill dated 27-08-2009 for Rs. 4,845/- and dated 03-09-2009 for Rs. 3,468/- remain unpaid in spite of repeated requests and reminders. So, the complainant is before us seeking direction against the opposite party to pay the amounts together with interest.
2. The opposite party duly accepted the notice issued from this Forum. However, they opted to refrain from the proceedings. Their absence speaks for itself, which inter-alia mean that they are ready to pay whatever reliefs as prayed for. No oral evidence was adduced by the complainant. Exts. A1 to A15 were marked. Heard the complainant who appeared in person.
3. The only point that arises for consideration is whether the complainant is entitled to get Rs. 8,313/- with interest from the opposite party or not?
4. According to the complainant, he used to supply ice cream to the opposite party to sell the same through their Super Markets. The complainant stated that the opposite party failed to pay the amounts as per Exts. A1 and A2 bills totalling Rs. 8,313/- with interest. The complainant caused Exts. A3 and A4 communications to the opposite party demanding to pay the amount to which only half baked replies were sent. Nothing is forthcoming on the part of the opposite party to disprove the contention of the complainant for their absence. So much, so that having no complaint against they are ready to comply with the consequences whatever.
5. In view of the above, we have no hesitation to hold that the complainant is entitled to get Rs. 8,313/- from the opposite party with interest @ 12% p.a. from the date of complaint till realisation. Ordered accordingly.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 10th day of October 2012
Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the tax invoice dt. 27-08-2009 |
“ A2 | :: | Copy of the tax invoice dt. 03-09-2009 |
“ A3 | :: | Copy of the e-mail dt. 15-03-2011 |
“ A4 | :: | Copy of the letter dt. 01-03-2012 |
“ A5 | :: | Copy of the letter dt. 23-03-2012 |
“ A6 | :: | Copy of the letter dt. 17-04-2012 |
“ A7 | :: | Copy of the letter dt. 17-04-2012 |
“ A8 | :: | Copy of the letter dt. 17-04-2012 |
“ A9 | :: | Copy of the acknowledgment card |
“ A10 | :: | Copy of the acknowledgment card |
“ A11 | :: | Copy of the acknowledgment card |
“ A12 | :: | Copy of the acknowledgment card |
“ A13 | :: | Copy of the acknowledgment card |
“ A14 | :: | Copy of the acknowledgment card |
“ A15 | :: | Copy of the postal receipts |
Opposite party's Exhibits :: Nil
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