IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 10th day of February, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M. Anto, Member
C C No. 20/2020 (filed on 29-01-2020)
Petitioner : N.C. Scariah, (Joy)
Nelluvelil,
Chungappara P.O.
Pin – 686 547.
Pathanamthitta.
Vs.
Opposite Parties : 1) Vincent,
Urumbilthadam House,
Karikkattoor Centre P.O.
Kottayam.
2) Saji Antony,
Porunnakkod House,
Karikkattoor Centre,
Kottayam.
O R D E R
Smt. Bindhu R, Member
The complaint is filed u/s 12 of the Consumer Protection Act,1986.
The complainant purchased one cow from the 1st opposite party, the 2nd opposite party being the agent. Thereafter, the complainant did not get the assured quantity of milk form the said cow. The complainant contacted the opposite party several times, but they did not turn up for a settlement. On 13-12-2018, the complainant sent a notice, but for no response. The complainant purchased the said pregnant cow of the variety H.F. and of about 4 to 5 years only upon the assurance given by the opposite parties that it was the 2nd pregnancy of the cow and in the 1st delivery, the cow was giving 10-11 litre milk and in the 2nd delivery it would increase by 15% to 20% ie. milk could be obtained up to 13 litres. Again it was also assured that the said cow was very co-operative for milking. The 1st opposite party received Rs.45,500/- as the price of the cow and the 2nd opposite party received Rs.500/- as the commission from the complainant. On 08-11-2018, the said cow delivered but from that day onwards only 4-5 litre milk was obtained in total for the two session of milking. The said cow was not at all co-operative at the time of milking. When the complainant informed this matter to the 1st opposite party, he agreed to visit the complainant’s residence, but he did not turn up. On realizing that the opposite parties were deceiving him, he sent a notice on 13-12-18, but no reply was received. The complainant is doing the business of milk for the last 35-to 40 years and the milk has been sold to K.U.C.S. Ltd. No.PT45(D)APCOS, Perumpetty. As all the cows were sold out the complainant purchased the new cow from the 1st opposite party. Now also the milk is being sold to the said society. The complainant has been giving fresh grass and nutritious cattle feed to the cow from the day of purchase. Even then he gets very little quantity of milk. Normally, a cow is priced Rs.4,000/- to 5,000/- per litre of the milk production. The complainant purchased the said cow only upon the belief that it was the 2nd delivery of the cow and there was 10-11 litre of milk on the 1st delivery. But the opposite parties defrauded the complainant causing financial loss and mental agony. The said cow is worth only for Rs.25,000/-
The complainant filed a complaint before the District Consumer Forum, Pathanamthitta, but for want of jurisdiction, it was returned with liberty to file before appropriate Forum. Thus the complaint is filed for getting the price of the cow or the excess amount received by the opposite parties.
Even after receiving the notice from this Forum, opposite parties did not appear or contest the case. Hence the case is set exparte.
In the evidence part, the complainant filed proof affidavit along with Ext.A1 to A5. Two witnesses were examined from the side of the complainant Pw1 and Pw2.
On examination of the complaint and evidence on record, we would like to answer the point that whether the complainant has succeeded in establishing the deficiency of service on the part of the opposite party and that he is entitled for compensation.
The complainant has filed Exts.A1 to A5. Ext.A1 is the notice sent by the complainant to the opposite party and Ext.A3 and A3(a) are the acknowledgement of receipt of notice by the opposite parties. So it is evident that the opposite parties are aware of the complainant’s grievance. Yet they were not ready to pacify or compensate the complainant.
From the deposition of Pw1 and Pw2 also it is made clear that the 1st opposite party received Rs.45,500/- as the sale price of Rs.45,500/- on the spot and later it was understood that the said cow was not giving the assured amount of milk.
So we are inclined to allow the complaint and the opposite party is directed to pay Rs.20,000/- as compensation for the financial loss and mental agony suffered by the complainant.
Order shall be complied within a period of 30 days from the date of receipt of Order. If not complied as directed, the award amount will carry 9% interest from the date of Order till realization.
Dictated to the Confidential Assistant, transcribed and typed by her,corrected by me and pronounced in the Open Commission on this the 10thday of February, 2022.
-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Sworn statement from the side of complainant
Pw1 – A. Joseph Abraham
Pw2 – Jenson Joseph
Exhibits marked on the side of the complainant
A1 -Notice dtd.13-12-18 by petitioner]
A2 series–Copy of postal receipts (2 nos.)
A3 series – Copy of postal acknowledgement cards (2 nos.)
A4 – Copy of ledger folio 01-01-19 to 15-01-19
A5 – Copy of cash bills (6 nos.) by Perumpetty K.U.C.S.
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
