By. Sri. A.S. Subhagan, Member:
This is a complaint preferred under section 35 of the Consumer Protection Act 2019.
2. Facts of the complaint in brief:- The Opposite Party on making the Complainant to believe that the Opposite Party is carrying out a business organization named Pinaka Roofing, which is a reputed unit having agency for selling roofing sheets, the Complainant remitted Rs.62,400/- for the purchase of 10 roofing sheets. The payment was made by the Complainant to the bank account of the Opposite Party at Rs.30,000/- on 13.01.2020 and at Rs.32,400/- on 24.01.2020. The Opposite Party had offered that the roofing sheets should be delivered to the Complainant on 30.01.2020. The roofing sheets were intended for the own use of the Complainant. Even after receiving the full payment the Opposite Party had not delivered the roofing sheets to the Complainant which has resulted in deficiency of service from the part of the Opposite Party. As the roofing sheets were not delivered on time the utensils of the Complainant were ruined due to sunlight and rain. If the Opposite Party had delivered the roofing sheets on time the Complainant could make a shed for keeping his utensils. The deficiency on the part of the Opposite Party has caused great mental agony, loss and injury. With this grievance the Complainant has approached the Commission with the complaint praying the following.
(1) To direct the Opposite Party to pay Rs.50,000/- to the Complainant
for mental agony
(2) To direct the Opposite Party to pay Rs.1,00,000/- for deficiency of
service
(3) To direct the Opposite Party to return Rs.62,400/- being the price of
the roofing sheets, paid by the Complainant to the Opposite Party.
3. The Commission registered the complaint and notice was issued to the Opposite Party for appearance. But on no stages of the case the Opposite Party was not appeared before the Commission and hence, the Opposite Party was set ex-parte.
4. Proof affidavit was filed by the Complainant, Ext.A1 and A2 were marked from his side and he was examined as PW1. Ext.A1 and A2 are the copy of Bank receipts for the remittance of Rs.30,000/- and Rs.32,400/- remitted by the Complainant to the bank account of the Opposite Party. The Opposite Party was absent for contesting the case. Hence considering the complaint, affidavit filed, documents marked and oral evidence of the Complainant, the Commission has no other way than to declare that there has been deficiency of service on the part of the Opposite Party.
In the result, the complaint is allowed and the Opposite Party is directed to pay
(1) Rs.10,000/- for mental agony caused to the Complainant
(2) Rs.20,000/- as compensation for deficiency of service from the part
of the Opposite Party and
(3) Rs.62,400/- being the price of the roofing sheets remitted by the
Complainant to the Opposite Party.
The above amounts shall be paid by the Opposite Party to the Complainant within one month from the date of this Order failing which the Complainant shall have the right to recover the whole amount together with interest @ 8% per annum from the date of this Order by legal procedure.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 24th day of February 2022.
Date of Filing: 23.12.2020.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Anil V. G. Agriculture.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Bank Receipt. Dt:12.01.2020.
A2. Bank Receipt. Dt:24.01.2020.
Exhibits for the opposite party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
SENIOR SUPERINTENDENT,
CDRC, WAYANAD.
