D.O.F:13/12/2016
D.O.O:20/01/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.311/2016
Dated this, the 20th day of January 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Haris
S/o Mohammed Kunhi,
R/at Kuniya, Periya Village,
Hosdurg Taluk
(Adv: Rajesh.K) : Complainant
And
Y.A. TRADERS,
Rep: by its Proprietor,
Fareeda Complex, Periya Bus Stop (P.O) : Opposite Party
Periya, Bekal Port(Via) Kasaragod
Pin 671316
(Adv: Vijayan Kodoth and P.V. Chandrashekaran Nair)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The brief facts of the case is as follows
The complainant started to put up his own house for which he placed orders with Opposite Party for supply of good quality plumbing items manufactured by star company and its details are shown as items 1 to 13 in the complaint. Opposite Party supplied the items, full amount is paid on delivery. But it is noticed that items supplied by Opposite Party included poor quality items and also of other company products of which its list and price is mentioned in the complaint. Complainant requested to replace the same or refund its price but not complied with. Thus there is deficiency in service unfair trade practice, sought replacement of items or refund Rs. 9905/- compensation of Rs. 30,000/- and litigation costs.
2. The Opposite Party filed its version placing orders and supply of items are admitted. Opposite Party denied supplying poor quality articles but definite stand is that items supplied are those ordered by complainant, selected on personal inspection and packing is made in his presence and even price of materials remaining unpaid. The complaint is filed to delay the payment due to Opposite Party and prayed to dismiss the complaint.
3. The complainant filed chief affidavit marked exhibits A1 to A5. Ext A1 is copy of lawyer notice, Ext A2 is postal acknowledgment card, Ext A3 and A4 is cash/credit tax invoice and Ext A5 Hand written bill. Another witness examined as Pw2. The Opposite Party also filed affidavit marked exhibits B1 witness examined as Dw2.
4. Considering the rival claims, documents produced and evidence adduced following points arise for consideration in the case.
a) Whether there is deficiency in service and unfair trade practice on the part of Opposite Party?
b) Whether complainant is entitled for any compensation? If so for what reliefs?
Both points answered by discussion together for convenience
Admitted case of both parties are that complainant placed order and Opposite Party is a dealer of PVC pipes evidenced by Ext B1and by averments in version also. Specific case in version filed by Opposite Party is that he did not receive any payment for and supplied items from complainant. Complainant produced receipts for payment marked as Ext A3 and A4. Both exhibits are admitted by Opposite Party. In page No: 3 of deposition Opposite Party admits as Dw1 that he issued the receipts and they are not credit bills. He admitted in re-examination that no complaint was filed by him for recovery of any amount allegedly due to him, in the version he claims Rs.41,000/- is due to him by complainant. But strongly no action is taken till date. No suggestion to Pw1 that certain items are returned as they are not of good quality.
On the basis of averments in complaint documents produced and evidence adduced commission is satisfied that price of returned items is payable by Opposite Party to the complainant. Hence complainant is entitled to refund of Rs. 9905/- towards price of returned materials.
Since required materials of good quality are not supplied even after and receipt of amount refusal to refund the amount of returned articles denying payments and prolonged contest amounts to unfair trade practice and deficiency in service on the part of Opposite Party. Hence complainant is entitled for compensation. We are of the opinion that an amount of Rs. 5000/- is reasonable in the circumstances of the case and also eligible for cost of litigation.
In the result complaint is allowed in part Opposite Party is directed to pay Rs. 9905/- to complainant as price of returned materials and also pay compensation of Rs. 5000/- (Rupees five thousand only) and Rs. 5000/- (Rupees Five thousand only) the cost of litigation within 30 days of the receipt of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Lawyer notice
A2- Postal Acknowledgment
A3 & A4- Cash/credit tax invoice
A5- Hand written bill
B1- Certificate issued by managing director spinner Extrusions Pvt Ltd.
Witness Examined
Pw1- Haris. M.K
Pw2- Raghavan
Dw1- Yadukumar
Dw2- Anoop
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
