Kerala

Wayanad

CC/163/2023

Jayan T.N, S/o Narayanan, Aged 56 Years, Mangapura (H), Residing at Kumbalery Thazhathuvayal, Kumbalery (PO)-673593 - Complainant(s)

Versus

Vapputty Alias Sabath, S/o Aysha Beevi, Malayil House, Residing at Meppadi Puthukkad, Rippon (PO) - Opp.Party(s)

Adv. Ranjith A.V and Adv. K.M Thomas

22 Nov 2023

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/163/2023
( Date of Filing : 27 Jul 2023 )
 
1. Jayan T.N, S/o Narayanan, Aged 56 Years, Mangapura (H), Residing at Kumbalery Thazhathuvayal, Kumbalery (PO)-673593
Sulthan Bathery Taluk
Wayanad
Kerala
...........Complainant(s)
Versus
1. Vapputty Alias Sabath, S/o Aysha Beevi, Malayil House, Residing at Meppadi Puthukkad, Rippon (PO)
Meppadi
Wayanad
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Bindu R PRESIDENT
 HON'BLE MRS. Beena M MEMBER
 HON'BLE MR. A.S Subhagan MEMBER
 
PRESENT:
 
Dated : 22 Nov 2023
Final Order / Judgement

By. Smt. Beena. M, Member:-

This is a complaint filed under section 35 of the Consumer Protection Act 2019.

2.  Brief facts of the complaint:-  The Complainant is a dairy farmer, lives on the income earned by rearing cows for livelihood.  The Complainant purchased one H.F. cow from the Opposite Party on 19-07-2021 for Rs.36,000/-.   At the time of purchase, the Opposite Party had assured that the cow was 3 months pregnant and it would give 10 liters of milk.  According to the Complainant, he had purchased the cow from the Opposite Party believing the assurance of the Opposite Party.  But on the very next day itself, the Complainant had got only 3 liters of milk from the cow.   As he felt that the cow would not give the milk as assured by the Opposite Party, the Complainant called the nearby veterinary doctor and the doctor informed the Complainant after examination that the cow was not pregnant and also told that it was a dry cow.  After the doctor convinced Complainant about the matter, the Complainant, who understood the true condition of the cow, directly met the Opposite Party.  When the Complainant informed to the Opposite Party that he was not getting the assured quantity of milk and the cow was not pregnant, the Complainant convinced that the cow was bought as a way of life and then the Opposite Party took back the cow and agreed to give Rs.50,000/-as the price of the cow and the expenses within 10 days. But as promised by the Opposite Party, even after 10 day he was not ready to pay Rs.50,000/-.  Although, the Complainant has asked to pay the money through phone and in person, the Opposite evaded payment saying one or other excuses.  Realizing that the Opposite Party was deceiving the Complainant by not returning the money received from the Complainant, the Complainant lodged a complaint before the Ambalavayal police station in this regard. The Opposite Party arrived at the Ambalavayal police station and agreed to give back the money within 5 days.  But he was not ready to pay the amount as agreed.  Moreover, when contacted him over phone, the Opposite Party did not attend the phone.  When he came home to meet the Opposite Party directly, the Opposite Party left the house and when the family told that the Opposite Party was not there and then the Complainant returned.

3.  When the Complainant inquired about the said Opposite Party, he came to know that the said Opposite Party is a fraudster and a person who extorts money from people in various ways and there are many cases in Meppadi and Ambalavayal police stations against him.  By making the Complainant believe that the cow had got 10 liters milk and was 3 months pregnant, the Complainant was cheated by taking a huge amount of Rs.36,000/- by the Opposite Party.  Such actions by either party constitute breach of service.  The Opposite Party has misrepresented the Complainant cheated by concealing the true facts, and has earned illegal and illegitimate financial gain to the Opposite Party.  The Opposite mislead the Complainant and told false things and sold the cow to the Complainant and grabbed Rs.36,000/-. Therefore, the Complainant has suffered financial loss, physical distress and mental stress.  The Complainant being is a dairy farmer has caused a loss of Rs.25,000, due to the loss of income from the cow. The act of the Opposite Party is deliberate and wilful as the Opposite Party cheated the Complainant. Hence, this Complaint.

4.  Notice was issued to the Opposite Party, but the Opposite Party did not appear before the Commission.  Hence the Opposite Party was called absent and he was set ex-parte.  Since the Opposite Party remained ex-parte, this Commission decided to dispose this Complaint on merit.

5.  The Complainant has given evidence as PW1.   The Complainant has not produced any documents to prove beyond doubt that he had paid Rs.36,000/- as the consideration for the cow.  But here, if the Opposite Party is not involved in this transaction he would have come forward and defend his case.  But he did not do so. Therefore, we are of the view that the Opposite Party is liable for the unfair trade practice/deficiency in service.  Therefore, the Complainant is entitled to get the price of the cow, compensation and cost of the proceedings.

In the result, the complaint is partly allowed, and

  1. The Opposite Party is directed to return Rs.36,000/-(Rupees Thirty Six Thousand Only) to the Complainant towards the price of the cow.
  2. The Opposite Party is further directed to pay Rs.10,000/-(Rupees Ten Thousand only) as compensation and
  3. The Opposite Party is also directed to pay Rs.3,000/- (Rupees Three Thousand only) towards cost of the proceedings.

The order shall comply within one month from the date of receipt of a copy of this order.  Failing which the same shall carry interest @ 8% p.a.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 22nd day of November 2023.

Date of Filing:-12.07.2023.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

 

APPENDIX.

 

Witness for the Complainant:-

 

PW1.              Jayan. T. N.                                                  Agriculture.             

 

Witness for the Opposite Party:-

 

                        Nil.     

Exhibits for the Complainant:-

 

Nil                              

Exhibits for the Opposite Party:-

 

Nil.

                       

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

 

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-

 
 
[HON'BLE MRS. Bindu R]
PRESIDENT
 
 
[HON'BLE MRS. Beena M]
MEMBER
 
 
[HON'BLE MR. A.S Subhagan]
MEMBER
 

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