D.O.F:18/04/2022

                                                                                                  D.O.O:01/09/2022

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.68/2022

Dated this, the 01^st day of September 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Abdul Basheer .C.A

S/o Abdulla

Kunnil House, Chembirikka

Chandragiri. P.O, Kasaragod – Dist – 671317     : Complainant

                                                And

MKH Trading centre

Naimarmoola: Opposite Party

Kasaragod - 671121

ORDER

SMT.BEENA.K.G    : MEMBER

The complainant purchased tiles from Opposite Party shop for his newly constructing house.  The complainant selected tiles on 29/12/2021 and  19/01/2022 for Rs. 2,10,580/- .  But Opposite Party has supplied different variety tiles than the selected items.   It was duly at the time of placing/laying the tiles, the complainant came to know that the tiles send by Opposite Party is different from the selected items.  The complainant informed Opposite Party regarding this and Opposite Party agreed to give compensation for the latches on his part.  Thereafter the complainant contacted Opposite Party many times for compensation but so far no amount is given by the Opposite Party to the complainant.   The complainant assessed his loss and mental agony to the tune of Rs. 1,50,000/- .  Hence the complaint for necessary redressal.

            Notice to Opposite Party served but Opposite Party not appeared before the court 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 or unfair trade practice 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 selected tiles from the Opposite Party shop. Ext A1 and A2 are the invoice issued by Opposite Party which proves the purchase of tiles.The allegation raised by the complainant is that Opposite Party failed to send the selected items of tiles to the complainant but instead sent different quality and variety of tiles.The negligence on the part of the Opposite Party caused severe loss and mental agony to the complainant. In the absence of rebuttal evidence complainants case stands proved with documentary evidence.The complainant suffered loss and agony due to the deficiency of service and unfair trade practice on the part of Opposite Party.The Opposite Party is bound to compensate the same.Complainant is entitled to get compensation for his loss from Opposite Party.This Commission hold that Rs. 1,00,000/- will be a reasonable compensation.

                Therefore the   complaint is allowed directing Opposite Party to pay compensation of Rs. 1,00,000/- (Rupees one lakh only)  to the complainant along with a cost of Rs. 5000/- (Rupees Five thousand).

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

      Sd/-                                                    Sd/-                                                        Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Exhibits

A1 &A2 – Invoice

      Sd/-                                                    Sd/-                                                        Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/