Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

                   2. The case of the complainant is as follows.  The complainant purchased a septic tank (Plastic type) from 1^st opposite party on 05/07/2018 by paying Rs. 28,500/- to him.  When the complainant filled water into the said tank upper space of the opening portion of the tank has become widened so that he could not close the said tank with the cover.  The complainant informed these defects to the opposite parties but they did not ready to entertain his complaint or redress the grievances.  According to him the said defect happened at the time of the manufacturing of the said tank thereby opposite parties are liable to the complainant.  Hence, the case for rectifying the mistake of the tank or refund of the price labour charge compensation, cost, etc, etc.

                   3. This Forum entertained the complaint and issued notice to opposite parties for appearance.  1^st opposite party was received notice but he did not turn-up.  Hence 1^st opposite party declared ex-party by this Forum.  Though this Forum issued notice to 2^nd opposite party the notice was not served to him and the same is returned as ‘not known’.  On 18/12/2018 the complainant filed a petition to delete the 2^nd opposite party from the party array.  We heard the complainant and delete 2^nd opposite party from the party array.

                   4. On the basis of the complaint we raised the following points for consideration.

                     1) Whether the case can be allowable?

                     2) Relief and Cost?

               5.  The evidence of this case consist of proof affidavit filed by the complainant in lieu of his chief examination and marked Ext. A1 in his favour. Ext. A1 is the bill issued by 1^st opposite party. He is examined as PW1 in this case.  After the closure of evidence we heard the complainant.

              6.  Point No.1&2:- For the sake of convenience we would like to consider Point No.1&2 together.  The case of the complainant is that he purchased a septic tank from 1^st opposite party by paying an amount of Rs. 28,500/- on 05/07/2018 to 1^st opposite party.  He deposed that when he filled water in the tank the upper side of the opening portion of the tank has become widened and it  could not closed with the cover of the said tank. In order to prove the purchase of the said tank the complainant produced and marked Ext. A1 the bill issued by 1^st opposite party.  It is also deposed that though the PW1 informed the defect to 1^st and 2^nd opposite party they did not even ready to hear the PW1 or redress the grievances of the complaint.  It is to be noted that the 1^st opposite party is ex-parte in this case and 2^nd opposite party was deleted from the party array.  On the basis of the above evidence it is to see that the PW1 he who paid Rs. 23,500/- to 1^st opposite party and purchased the said septic tank and also deposed that he spend an amount of Rs. 14,400/- as labour charge for the fixation of the tank.  The evidence of this case against 1^st opposite party is unchallengeable since he is ex parte in this case.   At this juncture there is no need of disbelieving the credibility of PW1 so that we would like to allow the complaint as requested.  We also find that 1^st opposite party committed grave deficiency in service against the complainant.  Hence Point No.1 and 2 found infavour of the complainant.    

                   7.  In the result we pass the following orders:

1) The 1^st opposite party is hereby directed to replace a new septic

     tank of the same specifications to the complainant within one

     month of receipt of this order.  If fails the said opposite party is

     directed to refund the price of the tank Rs. 28,500/-( Rupees Twenty

     Eight Thousand Five Hundred only) to the complainant with 10%

     interest from the date of filing of this case onwards. (i.e.,

     28/07/2018).

        2) The 1^st opposite party is also directed to pay the labour charge            

             Rs. 14,400/- (Rupees Fourteen Thousand Four Hundred only)

             compensation Rs. 5,000/- (Rupees Five Thousand only) and a cost

              Rs. 2,500/- (Rupees Two Thousand and Five Hundred only) to the

              complainant with 10% interest from the date of receipt of this

              order onwards.

Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31^st day of December, 2018.                       

        (Sd/-)   

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                         (President)

Smt. Sheela Jacob (Member)      :  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Ravikumar .K   

Exhibits marked on the side of the complainant:

A1 : Bill issued by 1^st opposite party.

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil                                                                                            

                                                                                                   (By Order)

Copy to:- (1) Ravi Kumar K,

 Kottarathil, Perisserry PO,

          Chengannur – 689126

2. Proprietor, GEO Agencies,

      Near Deepa Tower, Thiruvalla – 689101.

3. The Manager, United Septic Tanks,

      Amala Nagar PO, Thrissur – 680555.

4. The Stock File.