PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-40/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Pabitra Das,

S/O-Late Chandramani Das,

R/O-IndiaraColono, Maya Bagicha, PS-Town,

PO/Dist- Sambalpur-768001, Odisha                                            ……….......Complainant.

Vrs.

1. M/S Trilok Industries,

B/15 & 16 Industrial Estate, Kalunga, Rourkela,

Dist-Sundargarh-77031, Odisha.

2. Authorised Officer, Hindalco Industrial Ltd.

Hirakud, Po/Ps-Hirakud, Dist-Sambalpur-768016 ....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. A.K. Das, Adv.
2. For the O.Ps.                       :- Ex-parte

Date of Filing:08.02.2024,  Date of Hearing :21.05.2024  Date of Judgement : 25.06.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant had approached the O.Ps to invest a sum of Rs. 45.75 lacks to set-up one Screening Plant in the premises of Hindalco, Hirakud.  In this respect, Global Logistics, Sambalpur was awarded with work order to execute the same by the Hindalco. Again, the said Global logistics handed over the same work to one Nakul Sahvide its Work Order dtd. 10.05.2022, Letter No. Work Order No. GL/SPL/001. As such, to execute the work Order of Hindalco Industries Ltd one Screening machines Plant’ was required which cost about 50.00 Lacks and M/S Trilok Industries, Rourkela is one of the authorised dealer who deals these type of Plant. The Director, Nakul h told to Santam Sinha to arrange the required money to purchase the plant so that they can earn a good profit by purchasing the said plant. Being agreed with the proposal of Santam Sinha, the Complainant sent an amount of 15.75 Lacks from the acoount of his wife Purnima Das on dt. 07.02.2022 vide S.B. A/C No. 34306299965 and sent Rs. 30.00 Lakhs on dt. 04.05.2022 vide Cheque No. 939350 from Current A/c No. 36414323073 to Account of M/S Trilok Industries, Rourkela vide it’s a/C No. 39229754905. After the account was credited by the Complainant for total sum of Rs. 45.75 lakhs, the OP sent two numbers Invoice vide No. TY/S22-23/18 & No. TY/S/22-23/19 Dt. 5.03.2022 amounting of Rs. 26,55,000/- dt. 9.05.2022 amounting Rs. 11,32,800/- Total amount Rs. 37,78,800.00 in the name of M/s Shankar Traders, Sambalpur Prop. Gourishankar Das who is son of the Complainant. In this way the OP did not give complete invoice of the amount sent by the Complaianant i.e Rs. 45.75 Lacks. Thereafter, the Complainant contacted the OP over Mobile Phone on dtd. 12.01.2023 & on 14.05.2023 in reply the Authorised person told that the Machinery plant has already been set up in the premises of Hindalco Industries and it has started functioning. But when the Complainant asked why he was not informed and put him in dark, he simply told to ask Santam Sinha. When the Complainant told the OP whenever he has paid the money to him why he should ask the Santam Sinha, then the OP cut off the mobile connection. In this way, the OP No. 1 has made gross negligence on his part by not giving the complete Invoice to the Complainant and has kept him in dark regarding delivery of Plant Machinery which was his paramount duty towards the customer because the Complainant has paid Rs. 45.75 Lacks to his account for sending the Plant Machinery.
2. The OPs are set-exparte.
3. From the records and evidences, it is observed that out of received Rs. 45.75 Lakhs, the OP No. 1 has made gross negligence on his part by not giving the complete Invoice to the Complainant and has kept him in dark regarding delivery of Plant Machinery, which amount to deficiency in service and unfair trade paractice on the part of the OP No.1. Accordingly it is ordered.

ORDER

The case is disposed of on merit. The O.P. No. 1 is directed to pay to the Complainant Rs. 47.75 Lakhs with 9% interest which was paid by the Complainant to the OP for the Plant Machinery from the date of filing of this case, Rs. 1,00,000/- towards harassment and mental agony suffered by the Complainant as compensation and Rs. 10,000/- towards litigation fees within 30 days from the date of receipt of the order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 25^th day of June, 2024.

Free copies of this order to the parties are supplied.