DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Friday the 28^th day of June 2024

CC.283/2024

Complainant

Gireesh. K,

Kodampattil (HO),

M.I.E. P.O, Kunnamangalam,

Chethukadavu, Kozhikode - 673571

Opposite Party

Rasheed. C.P.R,

C.P.R Chicken Stall,

Malikkadavu, Kozhikode - 673021

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

In connection with the house warming ceremony of the complainant, he ordered from the opposite party 120 kg leghorn chicken and 80 kg broiler chicken at a price of Rs. 165/- per kg. The order was given on 10/05/2024 and Rs. 5,000/- was paid to the opposite party as advance on the same day. The item was agreed to be supplied at 7pm on 12/05/2024.

3. But the chicken was not delivered to him as agreed. When the vehicle was sent to the shop for taking delivery, the workers informed that the chicken was out of stock. The complainant was put to gross mental agony and hardship due to the irresponsible act and conduct of the opposite party and the unfair trade and business practice indulged by him. However, the advance amount of Rs. 5,000/- was refunded by the opposite party. The complaint is filed claiming compensation of Rs. 1,00,000/-.
4. The opposite party was set ex-parte.
5. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade and business practice on the part of the opposite party, as alleged?

2) Reliefs and costs.

6. PW1 was examined and Exts A1 and A2 were marked.
7. Heard.
8. Point No 1:   The complainant has approached this Commission alleging unfair trade and business practice on the part of the opposite party. The specific allegation is that despite receiving Rs. 5,000/- as advance, the opposite party failed to supply the chicken ordered. 
9. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the screen shot of Google pay and Ext A2 is the print out of text message. 
10. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2 documents.
11. The opposite party by not supplying the item as promised despite receiving advance amount has indulged in unfair trade and business practice. The complainant placed the order for the chicken in order to prepare food in connection with his house warming ceremony and undoubtedly the irresponsible act and conduct of the opposite party has resulted in gross mental agony, strain and inconvenience to the complainant, for which, he is entitled to be compensated adequately. The claim for compensation is for Rs.1,00,000/-. The claim appears to be excessive and exorbitant. However, the complainant is entitled to get a reasonable amount as compensation. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard.      
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

a)  CC.283/2024 is allowed in part.

b) The opposite party is hereby directed to pay a sum of Rs.10,000/-(Rupees ten thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs.10,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.

d) No order as to costs.

Pronounced in open Commission on this, the 28^th day of June, 2024.

Date of Filing: 20/05/2024.                                         

                       Sd/-                                                                                         Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Screen shot of Google pay.

Ext.A2 – Print out of text message.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Gireesh. K (Complainant)

                        Sd/-                                                                                         Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

 True Copy,      

                                                                                                                                  Sd/-    

                                                                                                                     Assistant Registrar.