Date of filing:- 19/09/2022.
Date of Order:-08/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 32 of 2022.
Jindal Developers, Barahaguda through Partner Anik Kumar Agrawal, aged about 48(forty eight) years, S/o Late Nandakishor Agrawal, R/o. and Po. Ambapali, Ward No. 17, Ps/Tahasil/Dist. Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
- Nisikanta Gaya, Branch Head, Kion India Pvt. Ltd. A/5-A/6 Mancheswar Industrial Estate, Rasulgarh, Bhubaneswar, 751006, Odisha, Email-nishikanta. gaya@kiongroup.com
- Sri Debashish Tripathy, AGM, Kion India Pvt. Ltd. Head Office Gate No. Vadu Road, Pune Nagar Road, Koregain, Bhima, Tal Shirur, Dist- Pune-412216 Maharashtra, Email-debasis.tripathy@kiongroup.com.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri U.K.Mahaptra, Advocate with associates..
For the Opposite Parties :- Sri B.Panigrahi, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.08/04/2024. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President:-
1) The case of the Complainant is that the Complainant Jindal Developers is a manufacturing unit of Cement Bricks and Sri Anil Kumar Agrawal is one of the partner of the said Jindal Developers and on behalf of farm he has filed this complaint. The Complainant is running the business for self employment. As per the quotation dt. 16-05-2022 by the Opposite Party No.1(one), the Complainant intended to purchase the 5T Automatic Diesel Forklift along with Brick Clamp Attachments. Subsequently as per the negotiation of both the Complainant and the Opposite Party No.1(one), the Complainant placed an order to purchase the 5T Automatic Diesel Forklift with Brick Clamp Attachment from Kion India Pvt Ltd. through Opposite Party No.1(one). The Complainant paid Rs. 5,00,000/-(Rupees five lakh)only on 03-06-2022 for 5T Automatic Diesel Forklift along with Brick Clamp Attachments. The total price of the above machinery is Rs. 25,11,040/-(Rupees twenty five lakh eleven thousand forty)only. Subsequently on 08-06-2022, the Complainant paid the remaining amount of Rs. 20,11,040/-(Rupees twenty lakh eleven thousand forty)only to the company. At the time of negotiation the Opposite Party No.1(one) and his other associates promised the Complainant to deliver the 5T Automatic Diesel Forklift along with Brick Clamp Attachments as soon as the entire payment was made to the company. On 20-06-2022 the Opposite Party No.1(one) sent the 5T Automatic Diesel Forklift to the Complainant without the Brick Clamp Attachment. Immediately thereafter the Complainant requested the Opposite Party No.1(one) and No.2(two) to immediately sent the Brick Clamp Attachments, but till 10-08-2022, the Opposite Parties failed to provide the attachment. Hence the Complainant filed this case before this Commission for deficiency in service of the Opposite Parties.
2) The case of the Opposite Parties is that Opposite Party No.1(one) and Opposite Party No.2(two) filed their version with affidavit. The Opposite Party No.1(one) admitted that he is working as Branch head for the office at Bhubaneswar of the Kion India Pvt Ltd. The Opposite Party No.2(two) admitted that he is working as AGM for the office at Kolkattta of the Kion India Pvt Ltd. The company is a private limited company incorporated under the provisions of the Companies Act-1956 and having its registered office at Gat No. 134/1, Vadhu Road, off Pune Nagar Road, Koregaon Bhima Tuluka Shirur, Pune-412216, India, engaged in the business of in the business of manufacturing Pattetized Material Handing Equipment. The Opposite Party No.1(one) and Opposite Party No.2(two) submitted that the Complainant is a manufacturing unit of cement bricks. The Complainant is a partnership firm and run by three partners. The Complainant being partnership firm and purchase the Forklift for commercial purpose hence not covered in the definition of consumer as per Section 2(7) of the Consumer Protection Act 2019. Further the Opposite Parties submitted that the Brick
Clamp Attachment delivered and commissioned successfully on 18-10-2022 by their service engineers. Hence there is no any deficiency on the part of the Opposite Parties and the complaint should be dismissed.
3) Perused the complaint petition, version and documents filed by the Parties following issues are framed.
Issues
- Whether the Complainant is a consumer ?
- Whether the Opposite Parties are deficient in service ?
- Whether the Complainant is entitled to get relief ?
Issue No.1(one)
4) The Opposite Parties raised question that the Complainant is not a consumer. As per Section 2(7) of the Consumer Protection Act 2019 a consumer is a person who buys goods or avails services for consideration. As per Section 2(31) person include a firm whether registered or not. Accordingly the firm Jindal Developers is a consumer under the Consumer Protection Act, 2019. The Complainant purchased the Forklift for self- employment which is specifically mentioned in the complaint petition. The submission of the Opposite Parties that the commercial purpose is not acceptable. The Complainant is a consumer and the case is maintainable. The issue is answered accordingly.
Issue No.2(two)
5) The company Kion India Pvt Ltd. provided quotation for Forklift for an amount of Rs. 25,11,040/-(Rupees twenty five lakh eleven thousand forty)only. As per the account statement the Complainant on 03-06-2022 paid an amount of Rs. 5,00,000/-(Rupees five lakh)only and an amount of Rs. 20,11,040/-(Rupees twenty lakh eleven thousand forty) only was paid on 08-06-2022 to the company Kion India Pvt Ltd. The Complainant paid the Rs. 5,00,000/-(Rupees five lakh)only and Rs. 20,11,040/-(Rupees twenty lakh eleven thousand forty)only total amount of Rs. 25,11,040/-(Rupees twenty five lakh eleven thousand forty)only. As per the submission of the Opposite Parties the invoice was provided on 13-06-2022 and the Forklift dispatched on 14-06-2022. But the Brick Clamp Attachment delivered on 18-10-2022. It means there is delay of four months in the delivery of Brick Clamp Attachment. It is the duty of the Opposite Parties to provide proper service. But in this case the Opposite Parties have not provided proper service. The delay in delivery of the Brick Clamp Attachment by the Opposite Parties amounts to deficiency in service on the part of the Opposite Parties. The issue is answered accordingly.
Issue No.3(three)
6) For deficiency in service of the Opposite Parties the Complainant is entitled to get relief. The issue is answered accordingly.
As per supra discussion the following order is passed.
O R D E R
7) The complaint is allowed on contest. The Opposite Parties are jointly and severally liable and directed to pay Rs. 50,000/-(Rupees fifty thousand)only compensation for deficiency in service and Rs. 5,000/-(Rupees five thousand)only for litigation expenses to the Complainant, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
Order pronounced in the open Court 8th day of April 2024.
Supply free copies to the Parties.
Typed to my dictation
and corrected by me.
I agree, ( Smt.Jigeesha Mishra)
P r e s i d e n t.
(Smt. Anju Agrawal)
M e m b e r(w).
