Orissa

Sambalpur

CC/31/2022

M/S. Precision Insrumentation, - Complainant(s)

Versus

1. Vinayaka enterprises - Opp.Party(s)

H.Sarangi, S.S. Sarangi

14 Nov 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No-31/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

M/S. Precision Insrumentation, Aged about 54 years

Represented through its proprietor Pranab Bhol,

S/O- Premanada Bhol, R/O-At-Dr. Kashnath Trust Market Complex,

2^nd floor, Muncipality Chowk, Sambalpur-768001                          ……..Complainant

Versus

1. Vinayaka enterprises

#2, 14th crosss R.T. Street, B.V.K. lyengar Road cross,

Bangalore, Karnataka-560053

2. Rivigo Services Pvt. Ltd.

Rivigo Service Pvt. Ltd.

50/51A, 59/1-E, NH-207, Koralur-village, Hoskote

Talik-Lasabahobli, Bangalore, Karnataka-56007                       …...Opp.Parties

Counsels:-

1. For the Complainant       :-         Sri. H.Sarangi, Advocate & Associates.
2. For the O.P.s                    :-         Ex-parte

 

Date of Filing:02.05.2022,  Date of Hearing :21.09.2022,  Date of Judgement : 14.11.2022

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is dealing in supply of electric items having its shop at Dr. Kashinath Trust Market Complex, 2^nd floor, MunicipalityChowk, Sambalpur and had placed an order to the Rspondent No. 1 for the supply of 500 numbers of OS LED Value Stick Cylindrical Shape 10W/840 G24 @ of Rs. 150/- per unit and paid a sum of Rs. 75,000/-. The Complainant further paid a sum of Rs. 9,000/- towards GST over the said order and thus the Complainant has paid a total sum of Rs. 84,000/- to the Respondent No. 1 through digital mode of payment against the invoice No. 12808, on dtd. 24.03.2021. On receipt of the said sum of Rs. 84,000/- only against the invoice of the Complainant, the Respondent No. 1, had dispatched electric LED bulbs order for through its authorized logistic service Co Ltd. Namely Rivigo Services Pvt. Ltd, and delivered the consignment at the office address of the Complainant on dtd. 14.04.2021.The Complainant had also paid a sum of Rs. 1380/- only at the time of delivery of the said consignment at his office address to the authorized agent of the Respondent No. 2 and obtained receipt thereof. When the Complainant was opening of the packet of at his office, found that one packet contain electric bulbs of 140 nos the electric item as order for and other packet contain pack of readymade cloths which was not ordered for by the Complainant. The Complainant then registered a Complainant with the both Respondents about the wrongful despatched of items order for at his end against consignment order bearing No. 2001826256 and also sent number of photographs of two packets as attachment to the e-mail ID of the Respondents on 16.04.2021. The Complainant has sent several e-mail on dtd. 16.04.2021, 23.04.2021, 26.07.2021, 28.07.2021,28.07.2021 and 29.07.2021 with regard to wrong packege received against Consignment No. 2001826256 to the Respondent No. 2 but instead of resolving the issue, the Respondent No. 2 was in a complete denial mood and replied that the consignment was delivered after due confirmation. The Complainant being fade up with the apathy of the Respondents, served an advocate notice to both Respondents through his advocate on dtd. 31.05.2021, but the Respondents did not respond to that advocate notice and kept quite. The pictures of the two packages were not similar, so also its consignment No. and tag pasted in those two packages by the Respondent No. 2. The complainant made sincere effort and sent several e-mail and made several telephone calls to both the respondents but they did not pay any heed to the complaint of the Complainant which caused severe mental agony and financial loss.
2. The O.Ps/Respondents are set expartee.
3. From the above it is found that the O.Ps/Respondents have supplied wrong items to the Complainant. So there is deficiency in part of the O.Ps/Respondents Accordingly the case is disposed of with following order:
6698606.  

            It is ordered that the Complaint Petition filed by the Complainant is allowed on merit. The O.Ps/Respondents are directed to to delivery rest 360 numbers  of electric led bulbs to the Complainant and return back the wrong packet that contains cloth. . The O.Ps/Respondents are further directed to pay Rs. 30,000/- toward compensation to the Complainant and Rs. 10,000/- towards cost of the proceeding within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 14^th day of Nov, 2022.

Free copies of this order to the parties are supplied.