SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to refund the amount of Rs.75,000/- as already paid by the complainant in advance and  to pay Rs.75,000/-as  compensation for  mental agony caused to the complainant for the deficiency of service and unfair trade practice on the part of OP.

  The brief of the complaint :

    On 12/5/2022 the OP and his staff approached the complainant and they agreed to provide granite stone.  Then the complainant agreed to purchase  1000Sq.ft granite stone and the total amount fixed for the granite stone  for Rs.1,25,000/-.  The complainant had paid Rs.75,000/- as advance in which Rs.25,000/- paid directly (in cash) to the OP in his house at Perumpadavu and the remaining Rs.50,000/- was transferred to the OP’s staff Viswanathan’s account on the same day on 12/5/2022 as per UPI transaction  ID 213215569154 from Joseph P.A(State Bank of India to Viswanath.T Venkateshamma,tvishwanath1995@oksbi).  After receiving  the advance amount the OP is not ready to deliver the  granite stone ordered by the complainant.  Then the complainant tried several times to contact the OP, but the OP neglected to take the phone call of the complainant.  The complainant had been put to great in convenience and loss due to the irresponsible behaviour and non-delivery of goods after receiving the advance amount.  The act of  OP the complainant caused much mental agony and financial loss. Then the  complainant sent a lawyer notice to OP.  OP received the notice neither send a reply nor paid the amount.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice  issued to OP . The OP  unclaimed the  notice and not appeared before the commission and not filed  any version . The commission had to hold that the OP has no version as such  this case came to be proceed against  the OP  is set  exparte. 

       Even though the OP have remained ex-parte, it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce his affidavit along with  documents marking them  as Exts.A1 to A4.  The complainant  was examined as PW1.   So the OP remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant document. On 12/5/2022 the OP and his staff approached the complainant  and agreed to provide granite stone to the complainant and the complainant agreed to purchase 1000sq.ft granite stone for a total price of Rs.1,25,000/- out of that amount the complainant had paid  an advance amount of Rs.75,000/- to OP. On 12/5/2022, Rs.25,000/- paid directly to OP  and Rs. 50,000/- transferred the OP’s staff Viswanath’s account on 12/5/2022 itself.  After receiving the advance amount of Rs. 75,000/- the OP is not ready to deliver the  granite stone to the complainant.  There after the complainant tried to contact the OP in  several times.  But the  OP is not attended the phone calls and  adamant nature to deliver the granite stones.  After receiving the  advance amount the OP is not ready to deliver the  granite stones to the complainant.  The complainant is cheated by the OP after receiving the advance amount of Rs.75,000/-.  Then the  complainant send a lawyer notice to OP dtd.23/1/2023 to demand the advance amount of Rs.75,000/- with compensation for mental agony and pain sustained by the complainant.  The lawyer notice is marked as Ext.A1, postal receipt marked as Ext.A2 , Acknowledgment card marked as Ext.A3 and the Google pay transaction statement  marked as Ext.A4.  After receiving the notice the OP neither send a reply nor paid the advance amount. The OP is directly  bound to redressal  the grievance caused to the complainant.  Therefore  we hold that the OP is liable to refund the advance amount of Rs.75,000/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5000/- as litigation cost to the complainant.

            In the result, the complaint is allowed in part directing  the  opposite party to  refund Rs.75,000/- as already received by the opposite party as advance amount along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5000/- as litigation cost to the complainant within 30 days of receipt of this order.  In default, the amount of Rs.75,000/- carries interest@ 12% per annum  from the date of order till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1-lawyer notice

A2- Postal receiptA3- acknowledgment card

A4-Google pay transaction statement

PW1-Joseph.P.A-  complainant.

Sd/                                                             Sd/                                                   Sd/  

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva                                                      /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR