By Smt. Beena. M, Member:-
This is a consumer complaint filed under section 35 of the Consumer Protection Act 2019.
2. Facts of the complaint in brief:- The Complainant is a person whose livelihood is rearing of cow. On 26-09-2020 he purchased a pregnant Jersey cow from the Opposite Party through one Sasi, a broker, on payment of Rs.73,500/-. Two days later, i.e. on 28/09/2020 the Complainant noticed that the uterus of the cow is protruding, then the Complainant informed the matter to the Opposite Party, but there was no response from the Opposite Party. The Complainant brought Dr. Ashar, the Veterinary surgeon, and the doctor pushed the protruding uterus inside and stitched it. At the time of purchase, the Opposite Party gave assurance that the cow will deliver a calf on 20-10-2020. But on 11-10-2020 itself the cow delivered because of the uterus protruding. But the cow had no milk to feed the calf. When the Complainant went to the Opposite Party's house to report this, the Opposite Party abused and threatened the Complainant and the broker. The Complainant filed a petition before the Thalappuzha Police Station. The Complainant purchased the cow from the Opposite Party at a high price as a means of livelihood, but the Opposite Party suppressed the material facts about the illness of the cow. The Complainant has incurred a cost of Rs.20,000/- for the treatment. Thereafter the Complainant issued a lawyer notice to the Opposite Party demanding Rs.73,500/- towards the purchase price, Rs.20,000/- towards the treatment cost and Rs.1,00,000/- (One Lakh) as compensation. Although the Opposite Party received the notice, no action was taken to resolve or to reply. So the Complainant is entitled to refund the price of the cow and treatment cost of Rs.20,000/-, and Rs.1,00,000/- (One lakh) compensation for mental agony. Hence this complaint.
3. After the admission of the complaint, the Commission issued summons to the Opposite Party. But he has not appeared before the Commission and the Commission set him ex-parte.
4. Proof Affidavit has been filed by the Complainant. He was examined as PW1
and the documents produced were marked as Ext. A1 to A4. Ext. A1 is the complaint submitted by the Complainant before the Thalappuzha police station, which reveals the disputed matter, Ext.A2 is the lawyer notice, it shows that the Complainant had purchased the cow from the Opposite Party, Ext. A3 and A4 seen that the Opposite Party has received the lawyer notice sent by the Complainant. Since the Opposite Party is ex-parte, the Complainants case stands proved as unchallenged. On the perusal of the above documents, it is possible to understand the genuineness of the complaint. The Commission found that there is a deficiency in service/ unfair trade practice on the part of the Opposite Parties, and the Complainant sustained difficulties. Hence the Complainant deserves to get relief as prayed for. The Opposite Party is liable to pay compensation for the loss suffered to him and cost.
In the result, the complaint is partly allowed and
- The Opposite Party is directed to pay an amount of Rs. 73,500/- (Rupees
Seventy Three Thousand Five Hundred only) to the Complainant.
- The Opposite Party is further directed to pay Rs.20,000/- (Rupees Twenty
Thousand only) towards treatment expenses, Rs.10,000/- (Rupees Ten
Thousand only) towards compensation to the Complainant.
© The Opposite Party is directed to pay Rs. 2,000/- (Rupees Two Thousand
only) towards cost.
The order shall comply within one month from the date of receipt of copy of this order. Failing which the Complainant is entitled to get interest @ 6% per annum for the above amount from the date of this order till the realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the day of 16th August 2022.
Date of filing :19.02.2021.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the complainant:
PW1. Joseph Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Complaint Details.
A2. Copy of Lawyer Notice. dt:13.11.2020.
A3. Postal Receipt.
A4. Acknowledgment.
Exhibits for the Opposite Party:
Nil.
