Karnataka

Chitradurga

CC/504/2019

Mr.Shreedhar G.T, S/o Thippeswamy, Aged about 30 Years - Complainant(s)

Versus

1.Piyush Kumar, Managing Director of City Group - Opp.Party(s)

Sri B.M.Arun Kumar

14 Jun 2023

ORDER

COMPLAINT FILED ON 23/08/2019

                                                                            DISPOSED ON 14/06/2023

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:504/2019

DATED:14/06/2023

PRESENT: Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                  Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER                     

                  Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER                      

COMPLAINANT/S	Mr.Shreedhar.G.T S/o Thippeswamy, Aged about 30 Years, R/o Hirehalli Village, Challakere Taluk, Chitradurga District.     (Rep by Advocate Sri Ashok V)
V/S
OPPOSITE PARTY/S	1. Piyush Kumar,     Managing Director of City         Group.    2. Sanjay, C.0.0, City Group.   3. Rahul Adhvaryu,   Installment and Machinery Manufacturing/Delivery Head, Way Corporation, Office No.304/A (City Groups), Saipoojan Residency,Manish Chokri Amrolin, Near Saibaba Temple, Seeral,     Gujarath State-394 107.          (OP-3 Absent)   4. Kalapana, Dirctor of City Group,     No.1, 2 & 4 are R/o City Group, City Smart Agrotech Product Com.Ltd., No.310, Shop No.6, Kanyashala Shopping Centre-4, Fawara Road, Station Road, Near Laxmi Cinema, Fawara, Mangeliya Wad, Navasari,     Gujarat State-396445.         (OP No. 1, 2 and 4 Ex-parte)

 

 

JUDGEMENT

Order delivered by Hon’ble President, Kum. H.N. MEENA.

      

       This complainant has filed this complaint against the OPs, for a direction to repay Rs.12,00,000/- with 12% interest from the date of complaint. Further direct the OPs to pay Rs.1,00,000/- towards mental agony and Court cost for their deficiency in service and grant any such other relief as this Hon’ble Commission deems fit under the circumstances of the case, and allow this complaint in the interest of Justice.

2. BRIEF FACTS OF CASE:

         The complainant stated that, the Complainant is permanent resident of Hirehalli village, Chitradurga Taluk, the Opponents are the owner and employees of City Group situated at Gujarat State, India. The Complainant has intended to start cashew machinery factory at Hirehalli village. Hence the Complainant has contacted to the Opponents through e-mail /mobile for purchasing the machine. After discussion the Opponent No.1 has agreed to supply the machine and said to the Complainant for further instruction contact the Opponent No.2. After discussion with the Opponents No.l & 2 the Complainant has agreed to purchase the machine of “cashew nuts processing plant 250 kg”.

       3. The Opponents No.1 & 2 have said to the Complainant that the machine total cost is Rs.4,07,000/- and other expenses including installation fee and transport charges and raw charges of Rs.1,99:990/will be paid by the Complainant, the Opponents are said to the Complainant that, said amount may be paid in 4 installment as 30%, 30%, 30% and 10%. The complainant believing the words of Opponents, he has Paid Rs.10,000/- in advance and Rs.1,20,000/- towards 1^st  installment on 18-9-2018 and again the Complainant has paid Rs.2,50,000/-on 26-10-2018 towards 2^nd  installment and on 07-02-2019. The Complainant has paid Rs.1,99,500/- to the Opponents towards cost, installation and other expenses through net banking.

       4. Having faith in the words of Opponents, the Complainant has obtained one shed and open space on rent basis which is fixed at Rs.5,000/- per month. The Complainant has also obtained KEB license by spending Rs.50,000/-. The Complainant has still paying rent and KEB charges from 18-9-2018 to till today. Due to
non-installation of machine and deficiency of service, the Complainant has suffered loss and undergone depression. The Complainant has paid the entire amount to the Opponents by obtained loan from the Bank and further the Complainant obtained hand loans from the several persons for construction of Shed. Now the Complainant is at pressure to repay the said loans. Now installation of machine from the Opponents the Complainant has suffered very financial crisis.

       5. The complainant has further stated that the Complainant has already paid 90% of amount as per terms and condition to the Opponents including transportation charges, fixation charges, the Complainant has visited two times to the Opponents office and demanded for installation of machine but the Opponents are neglected till today machine are not installed. Many times the Complainant has orally demanded the Opponents in phone but the Opponents are postponing the matter one or other reasons. Hence the Complainant has decided not to carry the cashew business.

         6. The Complainant has got issued legal notice to the Opponents No.1 to 4 through RPAD on 19-7-2019, the said notice served to the Opponent No.3, but the Opponent No.3 not reply the said notice, the notice issued to the Opponents No.1, 2 & 4 are not served ‘and returned with shara “Refused” on 26-7-2019. Hence, there is deficiency in service on the part of Opponents. Hence this complaint.

7. On registering this complaint and issuance of notice to OPs the OP No.1, 2 and 4 placed ex-parte on order dated 22/10/2019 OP-3 absent.

        8. The complainant filed their evidence examined as P.W.1 by way of Affidavit, the documents produced by complainant with list dated 23/02/2023 came to be marked as Ex.A-1 to Ex.A-5 and Annexure No.1 to 5. Complainant filed their written arguments. No representation from the both side parties. Hence taken as heard the arguments.  

 

        09. On the assessment of the above facts, the following     

              points arise for our consideration Viz.

 

1. Whether the complainant proves that, there is deficiency in service on the part of OP?
2. Whether the complainant is entitled to reliefs as prayed in the complaint?
3. What order?

 

10. The findings of this commission on the Points for

      consideration are as below.

 

Point No.1: Partly In the affirmative

Point No.2: Partly In the affirmative

Point No.3: As per the final order for the following.

•  

          11. Point No.1 & 2: The allegation made in the complaint that, the complainant is permanent resident of Hirehalli village, Chitradurga Taluk, the Opponents are the owner and employees of City Group situated at Gujarat State, India. The Complainant has intended to start cashew machinery factory at Hirehalli village. Hence the Complainant has contacted to the Opponents through
e-mail /mobile for purchasing the machine. After discussion with the Opponents No.l & 2 the Complainant has agreed to purchase the machine of “cashew nuts processing plant 250 kg”.

       12. The complainant further submits that, the Opponents No.1 & 2 have said to the Complainant that the machine total cost is Rs.4,07,000/- and other expenses including installation fee and transport charges and raw charges of Rs.1,99,500/- will be paid by the Complainant, the Opponents are said to the Complainant that, said amount may be paid in 4 installment as 30%, 30%, 30% and 10%. believing the words of Opponents, complainant has Paid Rs.10,000/- in advance and Rs.1,20,000/- towards 1^st  installment on 17-09-2018 and again the Complainant has paid Rs.2,50,000/-on 26-10-2018 towards 2^nd installment and on
07-02-2019. The Complainant has paid Rs.1,99,500/- to the Opponents towards cost, installation and other expenses through net banking.

       13. Having faith in the words of Opponents, the Complainant has obtained one shed and open space on rent basis which is fixed at Rs.5,000/- per month. The Complainant has also obtained KEB license by spending Rs.50,000/-. The complainant further submits that, the Complainant has already paid 90% of amount as per terms and condition to the Opponents including transportation charges, fixation charges, the Complainant has visited two times to the Opponents office and demanded for installation of machine but the Opponents are neglected till today machine are not installed. Many times the Complainant has orally demanded the Opponents in phone but the Opponents are postponing the matter one or other reasons the Complainant has got issued legal notice to the Opponents No.1 to 4 through RPAD on 19-7-2019, the said notice served to the Opponent No.3, but the Opponent No.3 not reply the said notice, the notice issued to the Opponents No.1, 2 & 4 are not served ‘and returned with shara “Refused” on 26-7-2019. Hence, there is deficiency in service on the part of Opponents. Hence this complaint.

14. On perusal of the complaint and Chief affidavit of complainant and documents. It is clearly shows that, the complainant has intended to start Cashew machinery factory. The complainant has contacted to the opponents in E-mail/mobile for purchasing the machine. We perusal the Annexure A-4 is account statement of complainant it is shows that the complainant has paid Rs.1,20,000/- the 1^st installment on 17/09/2018 and again the complainant has paid Rs.2,50,000/- on 26/10/2018 towards 2^nd installment through Bank transfer to OPs company. As per Ex.A-4 the complainant has paid on amount of Rs.3,70,000/- to OPs company. Even though the opponents have received the amount, the opponents are neglected till today they are not installed the Cashew nuts processing plant 250 K.G. The complainant has proved the deficiency of service in part of the opponents. The complainant has prayed for Rs.12,00,000/- for obtained one shed and open space on rent basis which is fixed at Rs.5,000/- per month and KEB license by spending Rs.50,000/-purchases raw material of Rs.1,99,500/- and mental shock and agony inconvenience. But it is not supported by documentary evidence Ex.A-4 is account statement of complainant. The complainant has paid Rs.1,20,000/- 1^st installment on 17/09/2018 and again the complainant has paid the Rs.2,50,000/- on 26/10/2018 the 2^nd installment it  is clearly shows that the complainant has paid an amount of Rs.3,70,000/-. The opponents have liable to pay of Rs.3,70,000/- with interest from the date of complaint till realization and also OPs have liable to pay sum of Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of this proceedings to the complainant. Accordingly we answer the Point No.1 and 2 is held affirmative.    

15. Point No.3: In view of the discussions made under Point No.1 and 2, we pass the following.

 

 

:ORDER::

1. The complaint filed by the complainant U/s.12 of Consumer Protection Act, 1986 is partly allowed.

 

2. The OPs shall pay Rs.3,70,000/- with interest from the date of complaint till realization.

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3. The OPs shall pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of this proceedings to the complainant.

 

 

4. The OPs shall pay the above said award amount within 30 days from the date of this order.

 

5. Send the free copies to both the parties.

(Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on14^th June 2023.)

 

 

        Sd/-                                     Sd/-                               Sd/-

 LADY MEMBER             MEMBER                    PRESIDENT

 

 

-:ANNEXURES:-

 

Witnesses examined on behalf of Complainant:

 

 

PW-1:- Mr.Shreedhar.G.T S/o Thippeswamy, by way of affidavit of   

           evidence.

 

Witnesses examined on behalf of Opponent:

Nil

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Xerox copy of payment receipt
02	Ex-A-2:-	Gmail copy of payment schedule dated 01/09/2018
03	Ex-A-3:-	Gmail copy of Cashew machinery 250KG 30% payment Regards
04	Ex-A-4:-	SBI Bank statement dated 11/07/2019
05	Ex-A-5:-	Gmail copy of Cashew machinery repayment dated 02/07/2019

 

01	Annexure-1:-	Notice copy dated 19/07/2019
02	Annexure-2:-	Postal acknowledgement
03	Annexure-3:-	Returned Postal envelop cover
04	Annexure-4:-	Returned Postal envelop cover
05	Annexure-4 (a):-	Returned Postal envelop cover
06	Annexure-5:-	Postal receipts

 

Documents marked on behalf of Opponent:

 

Nil

 

 

        Sd/-                                     Sd/-                               Sd/-

 LADY MEMBER             MEMBER                    PRESIDENT

 

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