DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 13 of 2017 

 

 

Purnima Dey,

D/O- Late Chandra Mohan Dey,

Chandrapur Baldakhal Road,

P.O. Reshambagan, P.S. East Agartala,

West Tripura. ....…...Complainant.

 

            VERSUS

 

The Manager,

Jyoti Bricks Industries,

Bricks Manufacturer and order Suppliers,

Factory-Noabadi Jirania,

Tripura West,

Office- C.R. Road, Agartala,

Tripura West.        ............ Opposite party.

 

                 __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

For the Complainant : In person.

 

For the O.P. : Sri Koushik Datta,

   Advocate.

 

 

JUDGMENT  DELIVERED  ON:   19.04.2017

 

J U D G M E N T

This case arises on the petition filed by one Purnima Dey claiming compensation for deficiency of service of Manager, Jyoti Bricks Industries. Petitioner's case in short is that on 25.01.17 she made contact with the Opposite party and placed order for supply of 1st class bricks. O.P. proprietor, Jyoti Bricks Industries granted to supply the bricks within 2/3 days of the date of booking. But it was not delivered. On 30.01.17 in the evening time some broken bricks left in the house premise of the petitioner. Petitioner refused to take it. But the employee of the O.P. insisted and left the broken bats. Petitioner counted the bricks and found that less number of bricks was supplied. Claimant earlier paid entire amount Rs.18,500/- but she did not get the quality bricks. So she prayed for getting the quality bricks and compensation. 

 

2. O.P. appeared, filed Written statement denying the claim. It is stated that in view of the order of the complainant 1st class bats and 1st class quality of bricks was supplied on 30.01.17. 1st class quality bricks was also supplied on 31.01.17. Complainant was satisfied with the quality and quantity of the bricks supplied by the O.P. Its specification was given by the complainant. It was informed that there was no deficiency of service at all. It is also stated that complainant only paid Rs.12,000/- rest Rs.6650/- was not paid by her.  

3. On the basis of contention raised by the parties following points cropped up for determination.

(I) Whether the petitioner paid for the 1st class bricks and got substandard bricks?

4. Petitioner produced the delivery chalan dated 30.01.17. delivery order slip dated 25.01.17. Petitioner side also examined two witnesses. 

5. P.W.1, Purnima Dey stated that she placed the order on 25.01.17. Bricks delivered on 30.01.17. She paid Rs.12,000/- and then she paid Rs.6,500/-. Total 18,500/-. Complainant stated that total 1250 bricks were to deliver but there was shortage of 100 bricks. 

6. P.W.2, Smt. Sabita Das stated that quality of the bricks were very low. She counted the bricks and there was shortage of 100. Bricks were of black colour. O.P. on the other hand produced statement on affidavit of two witnesses Srijib Saha and Nitai Das. 

 

7. On the basis of evidence we shall now determine the above point. 

F I N D I N G S :

 

8. The fact of purchasing 1250 nos. of bricks is admitted. In regard to payment petitioner stated that she had paid Rs.18,500/- whereas O.P. stated that actually 12,000/- was paid. Petitioner produced the delivery order slip dated 25.01.17. There payment of Rs.12,000/- is shown. According to petitioner she paid Rs.6,500/- later. But no receipt was issued by the O.P. 

 

9. Nitai Das, Manager of Jyoti Bricks Industries stated in his statement on affidavit that as per specification bricks supplied on 30.01.17 and 31.01.17. But no documents given in respect of delivery of bricks on 31.01.17. Only one copy of partnership deed is produced by the O.P. Petitioner produced the delivery chalan dated 30.01.17. There  1st class bats is written. There is no documents to support that 1st class bricks were supplied at all. As per delivery chalan 3.5 cam 1st class bats were supplied never any 1st class bricks. Nitai Das, Manager, Jyoti Bricks Industries stated that complainant received the goods on satisfaction of quality and quantity. That receipt containing the signature of complainant not produced. O.P. did not produce any evidence to support that quality 1st class bricks were supplied. O.P. is to arrange the supply 1250 nos. of 1st class bricks and taken money for that number of bricks. But there was shortage of 100 bricks as per statement of petitioner. P.W. 2 counted and found that shortage of 100 bats. In the delivery slip issued on 25.01.17 quality bricks written is 1st class bats. Rate is written 17000/- for 1000 nos. Whether it is 1st class bricks or bats not written. We have gone through the delivery order slip and found that proper description of bricks and bats not given there. In the delivery chalan also nothing stated about the supply of 1st class bricks. 

 

10. On careful scrutiny of the documents before us we found that there was some deficiency of service by the O.P.  Bricks not supplied on 31.01.17, quality bricks not supplied but some bats were supplied and those were 100 nos. less. The non payment of Rs.6,500/- by the petitioner also not comes out from evidence of the O.P. It is proved that Rs.18500/- was paid for the 1st class bricks and 1st class bats. But only some bats were supplied. 1st class bricks were not supplied. This is unfair trade practice. Petitioner therefore, is entitled to get compensation. 

 

11. We therefore, direct the O.P. to take back the substandard bats supplied and supply 1000 nos. of 1st class bricks and 250 1st class bats after taking back the bats already supplied. If it is not possible O.P. is directed to refund Rs.18500/- to the petitioner also pay the amount of Rs.1,500/- as compensation to the petitioner who suffered because of the deficiency of service by O.P. in total O.P. is to pay Rs.18500/- + Rs.1500/- total Rs.20,000/- to the petitioner and take back the bats delivered to the petitioner. Order is to be complied within one month if not complied it will carry interest @9% P.A. Supply copy free of cost.  

 

 

 

         Announced.

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.