Date of filing:-20/07/2017
Date of Order:-20/12/2017
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (COURT),
B A R G A R H.
Consumer Complaint No. 35 of 2017.
Nabin Meher, S/o Dwaru Meher, aged about years, Resident of Dhirpur, Ps/Tahasil. Barpali, Dist. Bargarh. ..... ..... ..... ..... Complainant.
-: V e r s u s :-
Ramesh Agrawal, The Proprietor, Bishnu Trading Co., At. Jagannath Nagar, Barpali, Po/Ps. Barpali, Dist. Bargarh.
The Manager, ACC Cement Ltd. Cement Nagar, Bardol, Po. Bardol, Ps/Tahasil/Dist. Bargarh. ..... ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K. Satpathy, Advocate with others Advocates.
For the Opposite Party No.1(one) :- Ex-parte.
and Opposite Party No.2(two)
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.20/12/2017. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member(w):-
The Complainant has filed this case U/s 12 of Consumer Protection Act-1986 against the Opposite Parties alleging deficiency in service and adopting unfair trade practice.
The brief fact of the case is that the Opposite Party No.1(one) Ramesh Agrawal is the Proprietor, Bishnu Trading Co., a retail seller of ACC Cement Products and Opposite Party No.2(two) is the Manager, ACC Cement Ltd., Cement Nagar, Bardol, Bargarh, manufacturer. The Complainant has purchased 10(ten) bags of ACC, PSC Brand Cement from Opposite Party No.1(one) on Dt. 09/08/2016 on payment of Rs. 2650.40/-(Rupees two thousand six hundred fifty and forty paise)only for his personal use i.e. for plastering of the walls of his residential house with due receipt bearing Sl. No. 624 Dt.09/08/2016.
The cement supplied to the Complainant was of very low quality and degraded products for which the Complainant has unable to make proper plastering works of his residential house walls, with that defective product. Again, as per the Complainant, some officials of Opposite Party No.2(two) along with Opposite Party No.1(one) visited the work site of his house and assured to compensate him. But till filing of this case, the Opposite Parties have not compensate the Complainant with that low grade cement products. Such act and conduct of the Opposite Parties amounts to deficiency in service to the Consumer and unfair trade practice. The Complainant has sustained monetary loss and mental harassment for this act of the Opposite Parties. Finding no way out, the Complainant has served a pleader notice Dt. 03/03/2017 on the Opposite parties to solve the problem and to Compensate him. The Opposite parties inspite of receiving the notice did not response, hence the case has been filed by the Complainant.
Alleging deficiency in service on the part of Opposite Parties the Complainant has prayed for Rs. 50,000/-(Rupees fifty thousand)only towards financial loss, mental agony and physical strain and to refund the present value of money of the product i.e. 10(ten) bags of cement, with interest.
The Complainant has relied upon the following documents to establish his case.
Xerox copy of money receipt vide Sl. No. 624 Dt. 09/08/2016 issued in favour of the Complainant.
Xerox copy of pleader notice Dt. 03/03/2017.
Original postal receipts bearing the names and address of the Ops.
Original Affidavit made by the Complainant.
Original affidavits made by Pandab Maharana and Basu Nag a skilled mason and a skilled labour respectively engaged by the Complainant for plastering the wall of his residential house.
The forum admitted the Complaint petition by perusing the petition and documents in its support. Heard argument of the advocate for the Complainant and sent notices to the Opposite Parties for their appearance and versions. S.R. back from Opposite Party No.2(two) after duly served. The Opposite Parties neither appeared nor filed their versions. Hence both the Opposites Parties are set ex-parte on Dt. 01/11/2017 in this Complaint and the date fixed for ex-parte hearing. Heard the matter from the advocate for the Complainant and the case posted for ex-parte order.
In the instance case, the Complainant has duly purchased 10(ten) bags of cement from Opposite Party No.1(one) on Dt. 09/08/2016 on payment of Rs.2656.40/-(Rupees two thousand six hundred fifty and forty paise)only in total, for plastering his residential house. The same is supported by retail invoice bill bearing Sl No. 624 Dt. 09/08/2016. But the cement supplied to the Complainant was of low quality as alleged by the Complainant. In this regard the Complainant has filed an affidavit of his own as well as the affidavits of Pandab Maharana and Basu Bag, the skilled mason and skilled labour respectively, who were engaged by the Complainant for plastering the wall of his residential house. In those affidavits they have clearly deposed that the cement were of low quality and lacking in binding capacity for which the plastering work affected. Then the Complainant has intimated the same to the Opposite Parties and some officials of Opposite Party No.2(two) along with Opposite Party No.1(one) had visited the work site of the Complainant and assured orally to compensate him by admitting the cement to be of low quality. But unfortunately the Opposite Parties remained silent in this matter. Finding no way out the Complainant has served pleader notice on Dt. 03/03/2017 on the Opposite Parties to solve his problem and to Compensate him. Even after receiving pleaders notice, the Opposite Parties have not replied, Further in the absence of the Opposite Parties in providing and the related neglect shown, brings weightage to the grievance of the Complainant and the the forum views that, since the Opposite Parties are not giving due regards to the court proceeding, which itself prove the hostility of the Opposite Parties towards their consumer so the petition of the Complainant is accepted and accordingly it is answered in favour of the Complainant.
After perusing all the documents filed by the Complainant, the forum found that the Complainant is a genuine Consumer of the Opposite Parties as per Consumer Protection Act- 1986. And it can be safely concluded that the Complainant is entitled to the reimbursement of the expenses made by him for the aforesaid purpose and also it is already established that the Opposite Parties have Committed unfair trade practice coupled with their deficiencies in rendering due service to the Complainant causing him loss of money and mental agony which entitles him for compensation, as such in our view, he is entitle for compensation for which both the Opposite Parties are jointly and severally liable, hence answered accordingly.
In the result the forum allowed the case of the Complainant and ordered as follows :-
ORDER
The Opposite Parties are directed jointly and severally, to refund the present market value of the products of 10 bags of ACC PSC brand of cement purchased by the Complainant from the Opposite Parties and to pay Rs.3,000/-(Rupees three thousand)only towards compensation for litigation expenses mental agony and harassment to the Complainant, within one month from the date of the order, failing which total amount shall carry @ 9%(Nine percent) interest per annum till the actual date of realization of the amount.
The Complaint is allowed and disposed off accordingly.
Typed to my dictation
corrected by me.
(Ajanta Subhadarsinee)
M e m b e r(w).
I agree, I agree,
(Sri Pradeep Kumar Dash) (Sri Krishna Prasad Mishra)
M e m b e r. P r e s i d e n t.
