Andhra Pradesh

Nellore

CC/41/2013

Virajitha Homes Vishu Developers - Complainant(s)

Versus

1)Mr Jyothi Poddar,The director.Environ Energy Crop,India Pvt Ltd. - Opp.Party(s)

V.Chandrasekharreddy

14 Jul 2015

ORDER

Date of Filing     :20-02-2013

                                                                                                Date of Disposal:14-07-2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Tuesday, this the   14^th day of   July, 2015

 

PRESENT: Sri M. Subbarayudu Naidu, B.Com.,B.L.,LL.M.,President(FAC) & Member                             

                    Sri N.S. Kumara Swamy, B.Sc.,LL.B., Member.

 

C.C.No.41/2013

 

Virajitha Homes, Vishva Developers,

10^th Cross Road, Magunta Layout,

Represented by G.Lakshmi, W/o.Chandramouli,

Hindu, Age 38 years, 10^th Cross Road, Magunta Layout,

Nellore Town.                                                                                     ..… Complainant        

 

                                                                           Vs.

 

1.	Mr. Jyothi Poddar, The Director, Environ Energy Corporation India Private Limited, 16/5, Block-A, New Alipore, Kolkatta-700053 and  also  head office  at 60A, DH Road, Kolkatta-700063, India.
2.	Environ Energy Corporation India Private Limited, Represented by Managing Director, No.199, Ground Floor, 42nd cross, Jaya Nagar, 8th Block, Bangalore-560082.                                                   ..…Opposite parties

                                                             .   

            This complaint coming on 02-07-2015 before us for hearing in the presence of                Sri V. Chandrasekhar Reddy, advocate for the complainant and                                                   opposite party No.1 called absent and  case against the opposite party No.2 is dismissed as            non-pressed and having stood over for consideration till this day and this Forum made the following:

 

ORDER

(ORDER BY  Sri N.S. KUMARA SWAMY, MEMBER)

 

            The complainant filed this complaint under Section-12 of the Consumer Protection Act for a direction to the respondents / opposite parties to refund amount of Rs.20,000/- with interest thereon at 24% p.a. from 02-08-2010 till the date of payment   and payment of compensation Rs.50,000/- by way of damages for causing mental agony and sufferings and for cost of the complaint.

 

            2.         The material averments of the complaint in brief are  that  respondents 1 and 2 represented  that they are manufacturing Solar Water Heating System  and  established their branch office at Nellore  canvassed  about the same.  The complainant  agreed to purchase the said systems through one Sri P. Madhu, authorized representative of the company.  The complainant paid an advance of Rs.20,000/- under order form No.7528, dated 31-07-2010 for model No.ETC.2000 X two pieces under receipt No.90214, dated 02-08-2010.  The opposite parties promised to supply the said system within short period.  Surprisingly, the opposite parties vacated their branch office at Nellore.  The said P. Madhu, whom the complainant approached  for supply of the said system or refund the advance amount paid by him, made several representations to the respondents 1  and 2  and also sent several e-mails to them, requesting to supply the material or to refund the amount for which there was no response.  The opposite parties have withheld  an amount of advance paid by the  complainant and utilized the same for their  personal usage.  Hence, the opposite parties are liable to refund the said amount together with interest at 24% p.a.  They did not complied with the demand made by the complainant in the  legal notice dated 05-05-2012 through which complainant called upon the opposite parties to return the advance with interest.  There is  deficiency in the service on the part of the opposite parties.  Hence, the complaint.

 

            3.         The opposite parties were served with notices in the complaint.  When  opposite party No.1 called on 28-06-2013 eventhough notice serviced to opposite party No.1, he was absent and no representation on its behalf till the case reserved for orders.  The complainant has not pressed the complaint  against opposite party No.2 and hence the complaint  is dismissed against opposite party No.2.  1^st Opposite Party did not choose to contest the complaint for the reasons better known to him.

 

            4.         On behalf of  the complainant, proof affidavit of the complainant is filed and documents Exs.A1 to A3 marked.  Heard the learned counsel for the complainant, perused  material papers on record.

 

            5.         The point for determination would be for consideration is :

 

1. Whether there  is deficiency in the service committed by the opposite parties, if

so and whether the complainant is entitled  for the claim made in the complaint?”

 

2)           To what result?

 

6.         POINT NO.1:  The complainant is a consumer within the  meaning of Consumer Protection Act, the complainant booked an order with the  opposite parties through one Madhu, an authorized representative of the opposite parties for supply of solar water heating system under order form No.7528, dated 31-07-2010 and  paid an amount of Rs.20,000/- through cheque No.03836, dated 02-08-2010.  The opposite parties have acknowledged  the receipt for the amount covered by cheque and issued  a receipt dated 02-08-2010, it is Ex.A1.  Thus the opposite parties have received  the amount of Rs.20,000/- paid by the complainant and they retained the said amount.

 

            7.         The opposite parties have not supplied the product ordered by the complainant.  Efforts made by the complainant for obtaining supply of the product through said Madhu, did not yield any result.  Having no other alternative, the complainant got issued legal notice                     dated 05-05-2012, which is Ex.A2 to the opposite parties calling upon them to refund the amount of Rs.20,000/- with interest at 24% p.a. and also calling upon them to pay a compensation of Rs.50,000/-.  The opposite parties have not  chosen to comply with the demand contended in the said notice   and the complainant  was compelled to file this complaint for relief stated in the complaint. The material on record very much knows about the truth and correctness of the transaction.  The opposite parties have failed to keep up their  part of their  obligation and to supply the  system for  which order was placed by the complainant.  The opposite party instead,  retained  an amount of Rs.20,000/- paid by the complainant as early as on 31-07-2010.  The  opposite parties have unlawfully   retained an amount of Rs.20,000/- of the complainant and there is any amount of deficiency  in the service on the part of the respondent.

 

            8.         Generally, a common man used to purchase goods  as a customer from a shop by expecting that the purpose for  which the products purchased will serve the fulfillments of their desires.  If they fail to purchase the products due to fraudulent behavior of the sellers in any event, the very purpose of his desire will be defeated and the consumer will be put to great hardship.   In the instant case, the complainant advanced an amount of Rs.20,000/- towards purchase of solar water heating system to the opposite party No.1 but the opposite party No.1 did not supply the said water heating system and  without intimation, they vacated the premises of the branch office at Nellore, which is nothing but cheating and  mischeif  played by them.  Such type of attitude  on the part of opposite party No.1  should not be encouraged.  If the said attitude is continued to be allowed definitely  consumer will loose confidence on purchase of goods and it also  affects the goodwill of business at large.

 

            9.         We find no banafidies on the part of the opposite party No.1, as it has not placed any material contrary to the evidence placed by the complainant for which the complainant cannot be penalized.  Long silence on the part of opposite party No.1 evident enough to prove the guilt  on its part.

 

            10.       The complainant is seeking for a direction to the respondents to refund the amount of Rs.20,000/- paid as advance from 02-08-2010 to the date of payment.

 

 11.      Now the point  is to be considered  “whether the complainant is entitled for payment of compensation, if so, how much amount, he is entitled apart from payment of refund of advance amount?”

                       The complainant  claimed for a direction to the opposite parties for payment of compensation of Rs.50,000/- for  mental  agony and suffering said to have been caused by the opposite parties due to the deficiency in service committed by them.  In order to obtain a direction for payment of compensation of Rs.50,000/-, the complainant has to establish the mental agony  and suffering said to have been caused to him.  It is not the version of the complainant that he suffered mental agony or his illhealth was  affected due to the act of the opposite parties.  Merely because the 1^st  opposite party did not choose to contest  the claim of the complainant, the complainant  would not  be  automatically entitled to whatever amount claimed in the complaint. The complainant would not be entitled  for  payment of  exharbitant  compensation of Rs.50,000/- as claimed.  An amount of Rs.10,000/-   appears to be the reasonable amount of compensation, the complainant would be entitled.  Therefore, the complainant shall be entitled for payment of compensation of Rs.10,000/-.  Besides the said amount, the complainant would be entitled to costs of Rs.3,000/-.  Thus there is deficiency of service on the part of the opposite party No.1 is proved.  Thus the point No.1is answered accordingly.

 

12.       POINT No.2:  In the result, an award is passed directing the 1^st  opposite party to pay the complainant an amount of Rs.20,000/- (Rupees twenty thousand only) together with interest  at 9% p.a. from  the date of the complaint i.e., on 20-02-2013 till the  date of payment and also payment of compensation of Rs.10,000/- (Rupees  ten thousand only) besides the costs of Rs.3,000/- (Rupees three  thousand only).  One month time  is  granted for payment  of the amounts awarded, failing which  the complainant is at liberty to proceed according to law  under Consumer Protection Act.  The case against  opposite party No.2 is dismissed as not pressed.

 

            Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the  14^th day of  July, 2015.

 

 

                  Sd/-                                                                                                Sd/-

           MEMBER                                                                                PRESIDENT(F.A.C.)

 

                                                APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

11-03-2015

Sri G. Lakshmi, W/o.G.Chandramouli, Nellore.

 

Witnesses Examined for the opposite parties

-Nil-

 

                             EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	02-08-2010	Photocopy of receipt No.90214 for Rs.20,000/- in favour  of complainant  issued by  opposite party No.2.
Ex.A2  -	05-05-2012	Legal notice from complainant’s advocate to the opposite parties.
Ex.A3  -	05-05-2012	Two registered post receipts addressed to the opposite parties.

 

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

-Nil-

                                                                                                              

                                                                                                                       Id/-

                                                                                                         PRESIDENT(F.A.C.)

 

Copies to:

 

1.	Sri V. Chandra Sekhar Reddy, Advocate, D.No.23-2-11, 1st Cross Road                                     (C.A.M. Compound), Ramesh Reddy Nagar, S.P.S.R.Nellore-524 003.
2.	Mr. Jyothi Poddar, The Director, Environ Energy Corporation India Private Limited, 16/5, Block-A, New Alipore, Kolkatta-700053 and  also  head office  at 60A, DH Road, Kolkatta-700063, India