DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 13^th  day of May, 2022

Present      :   Sri.Vinay Menon V.,  President

                  :   Smt.Vidya A., Member                        

                  :  Sri.Krishnankutty N.K., Member                                   Date of Filing: 16/11/2021 

     CC/196/2021

Sudevan T.U.,

S/o.Unni T.N.

Ajayalayam,

Kinassery P.O.

Palakkad – 678 701

(Party in person)                                                                   -           Complainant

                                                                                      Vs

 Vinod V

S/o.Viswanathan,

Proprietor Vismaya Tiles Palace,

Kannadi Road, Kazhchaparambu

N.H.Junction Kannady P.O.
     Palakkad – 678 701                                                                 -           Opposite party

O R D E R 

By Sri. Vinay Menon V.,  President

1. Abridged pleadings in the complaint is to the effect that the complainant purchased 370 boxes of “Dital-Rugs  Dark Grey 1200 x 600”  tiles from the opposite party at a cost of Rs.675/- per box. It later transpired that the actual cost of the box was Rs.550/- only.   The complainant alleged that the opposite party availed Rs.125/- per box for 370 boxes illegally. The complainant sought for   compensation,  cost and other reliefs. 
2. Notice was served on the opposite party but they chose not to appear and hence was set exparte on 16/3/22.
3. The only question that arises for consideration is whether the complainant has proved a prima facie case.
4. Evidence on the part of complainant comprised of proof affidavit  and Ext.A1(a) & Ext.A1(b) print out of bills, A2(a) to A2(f) (6 bills), and A3(a) & (b) 2 photographs

5. Ext.A1 is a set of 2 bills taken from Whatsapp. Ext.A2 series is a set of 6 original bills. Each one shows (after independent calculation) that each box is priced at Rs.675/- (inclusive of taxes). The total quantity in the  6 bills comes to 370 boxes.  The total amount paid by the complainant is Rs.2,49,750/-.

6. Ext.A3 series is a set of 2 photographs. It shows the pictures of covers containing the tiles. The price that is seen sealed on the side of each cover is Rs.550/-. Hence there is a difference of Rs.125/- per packet.

7. The opposite party,  though he had received notice, chose to refrain from appearing before this Commission and answer the charges leveled against him  by the complainant.  So we take that the complainant has successfully proved  a prima facie case in his favour. The opposite party has resorted to unfair trade practice.

8. Resultantly we allow this complaint as below:

1.The opposite party is directed to repay an amount of Rs.46,250/- (Rupees Forty six thousand two hundred and fifty only) being the difference in price to the complainant with interest @9% from 01/11/2021 till date

   of payment.

2. The opposite party is directed to pay an amount of Rs.15,000/- (Rupees Fifteen thousand only)  as compensation

      to the complainant.

3.The opposite party is directed to pay an amount of Rs.5,000/- (Rupees Five thousand only) as cost of the proceedings

     to the complainant.

9. Comply with the directions above within a period of 45 days from the date of receipt of a copy of this order.  In the event the order is not complied  within 45 days, the opposite party shall also pay an amount of Rs.250/- per month or part thereof till date of final payment.

Pronounced in the open court on this the 13^th day of May, 2022.

Sd/-

                                                                                                             Vinay Menon V

                                                      President

          Sd/-

    Vidya.A

                        Member      

                               Sd/-

                                                                                               Krishnankutty N.K.

                                                                                                      Member

APPENDIX

Exhibits marked on the side of complainant

Ext.A1 (a) – Printout of retail invoice  dated 1/1/21 for Rs.1,82,240/-

Ext.A1(b) – Printout of retain invoice dated 3/1/21 for Rs.67,490/-

Ext.A2 (a) – Invoice bearing No.83 dated 1/11/2021

Ext.A2(b) - Invoice bearing No.84 dated 2/11/2021

Ext.A2(c) - Invoice bearing No.85 dated 3/11/2021

Ext.A2(d) - Invoice bearing No.86 dated 4/11/2021

Ext.A2(e) - Invoice bearing No.87 dated 5/11/2021

Ext.A2(f) - Invoice bearing No.90 dated 6/11/2021

Ext.A3(a) &(b) – 2  Photographs

Exhibits marked on the side of opposite party

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost – Rs.5,000/- allowed as cost of proceedings.

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.