BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER 

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 390/2021 Filed on 16/12/2021

ORDER DATED: 28/02/2023

ORDER

SMT. PREETHA G. NAIR: MEMBER

The complainant purchased iron products from opposite party for an amount of Rs.42,420/- from his account on 26/09/2021.  But the complainant had received products which are scraps items with invoice number 185 dated 01/10/2021 for an amount of Rs.19,354/- and invoice number 208 dated 13/10/2021 for an amount of Rs.6,720/-.  The products were scrap items and they sent a bill which stated that the purchase amount is Rs.26,074/- and he paid the amount of Rs.42,420/-.  The complainant had not received the balance amount and the products received were scrap items.  The act of the opposite party amounts to deficiency in service and unfair trade practice, hence the complaint.

            After accepting the notice the opposite party was absent and hence opposite party set ex parte.  Complainant filed proof affidavit and documents Ext.A1 to A3 marked.

            Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so, what is the cost and relief?

Issues No.1&2:-  We perused relevant document on records.  As per Ext.A1 is the copy of transaction shows that the complainant had paid Rs.42,420/- to the opposite party.  As per Ext.A2 dated 01/10/2022 the opposite party had issued goods for an amount of Rs.19,354/-.  As per Ext.A3 dated 13/10/2021 the opposite party had issued goods for an amount of Rs.6,720/-.  The total amount was only Rs.26,074/-.  The complainant had paid Rs.42,420/- as per Ext.A1.  hence the balance amount was Rs.16,346/-.  The opposite party had not given the balance amount.  The opposite party had not produced evidence to disprove the case of complainant.  The complainant proved that he had paid Rs.2,12,420/- to the opposite party.  But the opposite party had issued goods for an amount of Rs.26,074/- to the complainant.  The balance amount of Rs.16,346/- was not paid by opposite party.       

                        In view of the above discussion we find that the act of the opposite party amounts to deficiency in service.

            In the result complaint is allowed.  We direct the opposite party to pay Rs.16,346/- (Rupees Sixteen Thousand Three Hundred and Forty Six Only) as the balance amount Rs.5,000/- (Rupees Five Thousand Only) as compensation for mental agony and pay Rs.2,000/- (Rupees Two Thousand Only) as cost of the proceedings to the complainant, within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28^th day of February,  2023.

R

C.C. No. 390/2021

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                            Sd/-

PRESIDENT