Kerala

Idukki

CC/73/2022

Aleena Raju - Complainant(s)

Versus

natural Biotech - Opp.Party(s)

11 Oct 2022

ORDER

DATE OF FILING :9.5.2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the  11^th  day of   October, 2022

Present :

                    SRI. C. SURESHKUMAR                   PRESIDENT

SMT. ASAMOL P.                               MEMBER

SRI. AMPADY K.S.                            MEMBER

CC NO.73/2022

     Between

Complainant                                        :  Aleena Raju,

                                                                Cheradiyil House,

                                                                Vannappuram P.O.,

                                                                 Thodupuzha – 685 607.

        And

Opposite Party                                     :   Natural Bio Tech,

                                                                 Madakkathara,

                                                                 A.L. Junction,

                                                                Thrissur – 680 651.

O R D E R

 

SRI. C. SURESHKUMAR, PRESIDENT

 

1. This is a complaint filed under Section 35 of the Consumer Protection Act of 2019 (the Act, for short).  Case of the complainant is briefly discussed here under :

 

Complainant had purchased natural fertilizers for Rs.12,070/- as per bill No.55 on 23.3.2022, from opposite party, which is a concern, Natural Bio Tech, by name.  Upon examination of delivered fertilizers, complainant found that Item No.2 fertilizer which was contained in 4 canny bags was spoiled.  In fact, 3 sacks out of 4, contained spoiled fertilizer.  She had immediately informed opposite party.  She was assured by the proprietor of the concern that spoiled fertilizer will be taken back by it.  However, it was not taken back, despite repeated requests by complainant.  She submits that due to supply of spoiled fertilizer, she had sustained a loss of Rs.3,000/-.  Complainant prays for supply of fresh fertilizer in place of spoiled ones and in the alternate for payment of Rs.3,000/- to her, received by opposite party towards its price. 

 

2. Complaint was taken on file and notice was issued to opposite party.  Though opposite party was in receipt of notice, as is seen from AD Card received in Commission                                                                                                               (cont….2)

-  2  -

Office dated 20.5.2022, opposite party had not appeared or filed any written version. We notice that Adv: Shiji Joseph had reported appearance for opposite party, on 14.6.2022.  As mentioned earlier, no written version has been filed by opposite party.  Hence we had proceeded to hear the complainant.  She has given evidence on oath before us in support of complaint averments.  Ext.P1 was marked.  Ext.P1 is the bill pertaining to purchase of fertilizers.  We had then heard her.  Opposite party had not appeared or cross examined the complainant.  Now the points which arise for consideration are :

1)  Whether opposite party had supplied defective goods to complainant ?

2)  Whether it had failed to replace the defective goods ?

3)  Whether complainant is entitled to get the goods replaced or in the alternate to get back the price paid for the same ?

4)  Reliefs and costs ?

 

3.  Point Nos.1 to 3 are considered together :

 

          Unchallenged evidence of complainant proves that opposite party had supplied spoiled fertilizers worth Rs.3,000/- to her and further that it was not replaced even after repeated demands.  Ext.P1 supports the evidence tendered by complainant in this regard.  We find that complainant is entitled to get the price paid by her for the spoiled fertilizers, from opposite party.  Ordering of fresh supply for replacement of spoiled fertilizers presently may not be of any use to complainant owing to lapse of time and therefore this relief is presently not granted. Instead we are of the view that price paid by her for the spoilt goods should be reimbursed by opposite party. Apart from reimbursement of price, considering the circumstances of the case, we find that complainant is entitled for compensation of Rs.5,000/- towards deficiency in service and Rs.2,000/- towards litigation costs.  Point Nos.1 to 3 are answered accordingly. 

 

4.  Point No.4:

 

          In the result, complaint is allowed with costs upon the following terms :

 

1. Proprietor of opposite party concern shall pay Rs.3,000/- to complainant towards price of spoilt fertilizers.  The amount shall carry interest at the rate of 9% per annum from the date of purchase, which is 23.3.2022, till the date of payment or realization.

 

2.  Proprietor of opposite party shall further pay Rs.5,000/- to complainant for non replacement of spoiled goods and thereby to compensate the  inconvenience caused to her.  The amount will carry interest at the rate of 9% per annum from the date of this Order, till payment or realization.

                                                                                                              (cont…..3)

 

-  3  -

3.  Proprietor of opposite party shall pay Rs.2,000/- to complainant towards litigation cost.

 

          Amounts ordered above shall be paid within 45 days from today. In case of non-payment, complainant shall be entitled to realise the same, in accordance with the provisions of this Act. Extra copies submitted shall be taken back by party after appeal time.

 

                    Pronounced by this Commission on this   11^th  the day of October, 2022

 

 

                                                                                                    Sd/-

   SRI. C. SURESHKUMAR, PRESIDENT

                                                                                Sd/-

           SMT. ASAMOL P., MEMBER

                              Sd/-

SRI. AMPADY K.S., MEMBER

 

 

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1        - Aleena Raju.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1    -  bill issued by opposite party for the purchase.

On the side of the Opposite Party :

Nil.

 

                                                                                            Forwarded by Order,

 

 

                                                                                      ASSISTANT REGISTRAR