Date of filing : 20-12-2016
Date of order : 16-05-2017
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.317/16
Dated this, the 16th day of May 2017
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.SHIBA.M.SAMUEL : MEMBER
K.M.Babu, S/o. Mathew, : Complainant
R/at Koovellur House, Tayeni .Po.
Vellarikundu Taluk, Kasaragod.Dt. 670511
(Adv. P.K. Biju, Hosdurg)
Anoop. M.J, : Opposite party
Mekkara Fish Farm, Dream City Complex,
Pattikkadu.Po. Peachi Road Junction,
Thekumpadi, Thrissur Dt. 680652
(Exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
Brief facts of the complaint are as follows:
That the complainant is an agriculturist by profession and he has landed properties with facilities of fish farming for his own purpose and as a hobby and he already cultivating fishes in his own ponds. The opposite party is the owner of Mekkara Fish Farm. The complainant has contacted the opposite party on 25-09-2016 through phone by seeing the advertisement given by the opposite party “ Karshaka shree” magazine and ordered to make home delivery of young fishes of Annabaus 200 in numbers and Avoliy 20 in number of 15 Kg of fish feeding for his own acqua cultivation and the opposite party asked to send the amount of Rs.3245/- including delivery charges and the complainant sent the amount through DD to his account at Federal bank Pattikadu Branch. Opposite party agreed to home delivery. But the opposite party failed to deliver the item ordered and then the complainant informed opposite party his willingness to collect the ordered item from the opposite party’s farm at Thrissur. But at last opposite party agreed to repay the amount received from complainant’s bank account. Bu believing the words of the opposite party, complainant sent his bank account number and details to opposite party on 7-10-2016. But no payment was made by opposite party. Thereafter the complainant sent a registered notice to opposite party asking for payment of the amount already received by opposite party and compensation for mental agony and sufferings. But the notice returned unserved with an endorsement unclaimed. Hence the complaint.
2. On admission of the complaint on file the Forum issued notice to opposite party. Opposite party duly served the notice but did not turned up. Name of opposite party called absent, set exparte.
3. Complainant filed proof affidavit and Exts A1 to A3 were marked. Heard the counsel for complainant and documents perused.
4. The specific case of the complainant is that opposite party has failed to deliver the order placed by the complainant and thereby made breach of contract. Here the opposite party already received the amount from the complainant. On going through the documents filed by the complainant it is clear that the complainant ordered the item on seeing the advertisement of opposite party. Ext.A1 shows the payment made by opposite party. Ext.A3 is the copy of advertisement. Ext.A2 is the registered demand notice. On going the entire facts of the case and on perusal of the documents it is clear that the opposite party failed to perform his part of contract. He fails to deliver the goods after receiving the payment. Failure of delivery of goods on receiving the payment amounts to deficiency in service. There is no contra evidence before the forum. On going through the entire facts of the case we are of the view that the complainant is entitled for the relief as prayed for.
Therefore the complaint is allowed directing the opposite party to refund Rs. 3245/- to complainant with 10% interest per annum from the date of complaint till payment and opposite party is further directed to pay Rs.3000/- towards compensation and Rs.2000/- as cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of order.
MEMBER PRESIDENT
Exts.
A1. 28-9-2016 Bank receipt for an amount of Rs. 3245/-
A2. 24-10-2016 Copy of letter sent by complainant to OP.
A3 Copy of advertisement.
MEMBER PRESIDENT
Pj/
