D.O.F:18/03/2022

                                                                                                  D.O.O:02/09/2022

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.51/2022

Dated this, the 02^th  day of September 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Syriac Mathew

Maliyekkal Veedu

Kunnumkai

West Eleri. P.O

Nileshwar (Via)                                              : Complainant

                                                And

 Johnson,

Proprietor : St. Mary’s Banana

Planton Merchant, Udayagiri.P.O             : Opposite Party

Alakkode (Via) Pin- 670571

ORDER

SMT.BEENA.K.G    : MEMBER

The brief facts of the case of the complainant Sri. Cyriac Mathew is that he purchased plantain seed from Opposite Party on 20/05/2021 for Rs. 20 /-per poovan plantain seed.  The complainant purchased 400 Poovan plantain seed and 200 Nhali plantain seed (Rs. 19) each.  After flowering the plantain trees the complainant came to know that plantain seed that sold by Opposite party to the complainant belongs to low quality.  It has no demand in local markets.  And the fruit is not tasty also.  The complainant informed the same to Opposite Party but Opposite Party reacted in a rude manner and threatened the complainant due to the deficiency in service and unfair trade practice on the part of Opposite Party.  Complainant suffered loss and mental agony.  The complainant estimated to loss and agony to the tune of Rs. 1, 50,000/-.

            Notice of Opposite Party returned stating unclaimed.  Name of Opposite Party called absent set exparte. 

            The Complainant filed proof affidavit in lieu of chief examination.  Ext A1 and A2 marked. 

The questions raised for consideration are:-

1. Whether there is deficiency of service on the part of Opposite Party?
2. If so what is the relief?

For convenience question No: 1 and 2 can be discussed together.The complainant is a farmer who purchased plantain seeds from Opposite Party on 20/05/2021.But after flowering those plantains trees complainant came to know that the quality of the plantain seeds was poor.Complainants allegation is that Opposite Party cheated the complainant by giving low quality plantain seeds which are not tasty and has no demand in the market.Ext A2 is the complaint given by the complainant to Kasaragod Jilla Upabokthru samrakshana Samithi and Ext A1 is the bill issued by Opposite Party to the complainant.Ext A1 and A2 proves that the allegations raised by the complainant are true. The complainant approached opposite party many times to settle this issues.But Opposite party reacted in a rude manner, accused him in filthy language.This caused grievous mental agony to the complainant.In the absence of Opposite Party evidence complainants case stands proved.Considering the materials on records we are of the view that there is unfair trade practice and deficiency in service on the part of Opposite Party.Due to the deficiency of service and unfair trade practice on the part of Opposite Party complainant suffered huge loss and mental agony.Hence complainant is entitled for the relief.Considering the circumstances of this case we holds that an amount of Rs. 50,000/- is a reasonable compensation in this case.

Therefore complaint is allowed directing Opposite party to give a compensation of Rs. 50,000/- (Rupees Fifty thousand only) to the complainant along with Rs. 5000/- (Rupees five thousand only) as cost.

The time for compliance is thirty days from receipt of copy of this judgement

Sd/- Sd/-Sd/-

MEMBERMEMBERPRESIDENT

Exhibits

A1- Bill

A2- Complaint Dt: 12/02/2022

Sd/- Sd/- Sd/-

MEMBERMEMBERPRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/