Before the District consumers Forum:Kurnool
Present:Sri I.Siva Samba Murthy., B.L., President
And
Smt C.Preethi M.A., LL.B., Member
Wednesday the 26th day of June, 2002
C.D.No.63/2002
J.D.Prabhakar,
Demonstrator,
Biochemistry Department,
Kurnool Medical College,
Kurnool. … Complainant party In Person
-Vs-
Wonder Cem,
Sri. Lakshmi Agencies,
Paints and Hardware,
Shop No.52/195-B,
Old Bus Stand,
Kurnool. …Opposite party
O R D E R
1. The complaint to direct the opposite party to pay Rs.10,000/- as compensation for the deficiency of service of the opposite party.
2. The claim of the complainant is that he had purchased building White Wash Goods and colouring material from the opposite party for the worth of Rs.2,035/- including transportation charges on 12.02.2002. Among them by name German Yellow oxide powder was sold for Rs.300/- per Kg. The complainant has purchased two Kgs., of German Yellow Oxide Powder by paying Rs.600/- and the price of the said item in the local market is only Rs.59/- per Kg. Thus the opposite party committed mischief by collecting Rs.600/- instead of Rs.118/-. Hence the complaint.
3. The complainant has filed the relevant documents namely Xerox copy of the bill along with the complaint. Even though the opposite party on receipt of the notice did not appear in the first instance though an offer was made on his behalf by the one Sri.B.K.Rama Seshanna, Advocate who failed ultimately to file any Vakalath objection statement even though several chances were given to him. As such the opposite party was called absent and the matter was posted for complainant’s evidence. The complainant has filed hi proof affidavit, till then the opposite party did not appear before this Forum. As such we are left with no option except to dispose of the mater on merits on the material made available on record.
4. Therefore, the point that arises for consideration is to what relief the complainant is entitled to?:-
5. The claim of the complainant is very simply that he purchased building White Wash Goods and colouring material from the opposite party for an amount of Rs.2,035/- including the transport charges. Among the said items one item i.e., German Yellow Oxide Powder was sold at the rate of Rs.300/- per Kg. The complainant asserts that he enquired the correct price of the said item which was being sold by other shop owners the very same item at the rate of Rs.59/- per Kg. The complainant has purchased two Kgs., of the German Yellow Oxide Powder @ Rs.300/- per Kg. Thus the opposite party collected excess of Rs.483/-. For which the complainant claims Rs.10,000/- as compensation. The complainant filed the Xerox copy of bill of the third party company i.e., an estimation from one Md.Haneef and Brothers, Shop No.2, Congress Committee Complex, Nehru Road, Kurnool showing one Kg., Yellow Oxide @ Rs.59/- for one except that and his own assertion that the opposite party collected excess amount. The complainant has not placed any independent evidence to substantiate his claim for Rs.10,000/-, compensation, this in this set of circumstances we are inclined only to award some nominal amount in his favour and against the opposite party. Even though the opposite party did not contest as exparte. On careful consideration of the material aspects we find that the opposite party should pay compensation of Rs.300/- besides refunding a sum of Rs.482/- to the complainant and Rs.200/- as costs which would meet the ends of justice. Thus the point is found accordingly in favour of the complainant and against the opposite party.
6. In the result, in view of our discussion made above this complaint petition is allowed in part directing the opposite party to refund a sum of Rs.482/- being the difference of price together with compensation of Rs.300/- and costs of Rs.200/- within a month from the date of receipt of this order.
Dictated to the Stenographer, typed to the Dictation, corrected by us, pronounced in the open Court, this the 26th day of June, 2002.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite party:- Nil
List of Exhibits marked for the complainant:- Nil
List of Exhibits marked for the opposite party:- Nil
Sd/- Sd/-
MEMBER PRESIDENT
