BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 19/01/2012

Date of Order : 31/05/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 35/2012

Between

And

O R D E R

C.K., Lekhamma, Member.

1. The facts of the complainant's case are as follows :

The complainant placed an order with the opposite party for supply of one T.V. stand Royal Brand for a sum of Rs. 5,000/- on 04-09-2011. He paid an advance of Rs. 200/- to the 1^st opposite party as per Order form No. 292 dated 04-09-2011. On the condition that the delivery will be made by the 1^st opposite party at the residence of the complainant's at Vadakara. The complainant is working at Cochin. On the belief that the 1^st opposite party would effect the delivery on 04-10-2011, the complainant had travelled from Cochin to Vatakara, but the 1^st opposite party failed to make delivery of the item on that date as promised. Thereafter, they assured that the supply would be made on 20-10-2011, but the 1^st opposite party failed to deliver the item to the complainant on that day. The 2^nd opposite party is an agent of the 1^st opposite party as is evident from the business card issued by the 1^st opposite party. The failure of the 1^st opposite party to deliver the item in time, the complainant was compelled to cancel the above order and also compelled to go for an alternate item. The failure to supply the item as promised has caused inconvenience to the complainant, since he had to travel all the way from Cochin to Vatakara on two occasions wasting his leave. Due to the negligence and deficiency in service on the part of the opposite party, the complainant has suffered severe mental agony, he is claiming compensation to that. The complainant contended that he is entitled to get advance amount that he paid to the 1^st opposite party. And also claim incidental expenses. Hence the complainant approaches this Forum to get his grievances redressed.

2. The complainant represented through counsel. Despite service of notice from this Forum, the opposite parties remained absent. The complainant filed proof affidavit and Exts. A1 to A3 were marked on his side. Heard the counsel for the complainant.

3. The points that arose for consideration are as follows :

1. Whether there is any deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled to get incidental expenses and costs from the opposite parties?

4. Point Nos. i. and ii. :- The case of the complainant is that he had given Rs. 200/- to the 1^st opposite party for supply of one T.V. stand worth Rs. 5,000/-. The 1^st opposite party agreed that the same would be delivered at the residence of the complainant at Vadakara on 04-10-2011, but the opposite party did not do so. Ext. A1 is the receipt issued by the 1^st opposite party which shows the transaction between the parties. According to the complainant, the 2^nd opposite party is an agent of the 1^st opposite party which reveals from Ext. A4 visiting card issued by the 1^st opposite party. In which the mobile number '9961093171' is mentioned. The very same mobile number shown in Ext. A1. The same itself shows the connection between the 1^st and the 2^nd opposite parties. The opposite parties were given ample opportunity to substantiate their contention in this Forum. Nothing is before us to disbelieve the case of the complainant. In the absence of anything to the contrary, we are of the view that the opposite parties are committed deficiency in their services. Therefore, they are liable to compensate the complainant. We fix the compensation at Rs. 2,000/-. However, no evidence is on record to substantiate the travelling expenses incurred by the complainant to travel from Kochi to Vadakara. Nevertheless, the complainant is entitled to get litigation costs from the opposite parties, since they ought to have settled the dispute at the very outset.

5. Accordingly, we partly allow the complaint and direct that the opposite parties shall jointly and severally pay Rs. 2,000/- to the complainant towards compensation for deficiency in service and pay Rs. 1,000/- by way of litigation costs to the complainant.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the said amount shall carry interest @ 12% p.a. till realisation.

Pronounced in open Forum on this the 31^st day of May 2012

Sd/- C.K. Lekhamma, Member. Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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