PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.-161/2024
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member
Dasari Veer Raju & Gunnam Ram Chandra Rao Memorial Trust,
Situated at Vikash Enclave, Po/Ps/Dist-Bargarh, Odisha-768040,
Having its branch office at Vikash The Concept School, At/PO-Sason,
Dist-Sambalpur. Odisha-768200
Being represented through its authorized person.
Mr. Nihar Ranjan Mishra, Aged about 34 years,
S/O- Lalit Mohan Mishra,
R/O- Nandapada, PO-Jharuapada, PS-Town,
Dist-Sambalpur-768001, Odisha., 7978178761 ….…......Complainant.
-Vrs.-
Aman Kitchen Equipment’s, Kamarchak, Kulpi, South 24 praganas,
PIN-700144, 7439847091 …...……….Opp. Parties
Counsels:-
- For the Complainant :- Sri. R. Pradhan & Associates
- For the O.P. :- Ex-parte
Date of Filing:13.05.2024, Date of Hearing :07.10.2024 Date of Judgement : 25.11.2024
Presented by Sri Sadananda Tripathy, Member.
- The case of the Complainant is that the Complainant is a trust having its registered office at Bargarh and running one Educational Institution in the name of Vikash. The OP is doing business of kitchen equipment’s. The Complainant after seeing the lucrative advertisement and commitment for better service in the kitchen equipment’s ordered for 2 numbers of supplies and installation of 750 liter hot water boiler Machine wood system and 1000 liter stainless steel water container on dtd. 07.12.2023 with a condition that it will supply the items within five days at Vikash. The Concept School, Sason and installation will be under vendors scope and payment terms is 50% as advance and rest payment will be made immediately after delivery and installation. The Complainant has paid a sum of Rs. 1, 00,000/- only on dtd. 8th December, 2023 through NEFT to the OP. The OP has issued delivery challan of two numbers 750 liter Hot Water Boiler machine wood system and one number of 1000 stainless steel water containers on dtd. 10.12.2023. After receiving the challan order of the OP dtd. 11.12.2023 the Complainant paid a sum of Rs. 90,000/-. The OP has consigned only one number of 1000 stainless steel water containers along with its stand through Great India Roadways on dtd. 14.12.2023. On dtd. 19.01.2024, the Complainant made request to the OP regarding early delivery of the products and it is already too late but the OP put a deaf ear to the request of the Complainant. As the OP has not delivered the two numbers of 750 liter Hot Water Boiler Machine as promised/committed by the Op through mail on dtd. 30.01.2024 addressing to Murtuza cancelled the order and requested to the Op for refund of Rs. 1,73,000/- on or before 29.01.2024. Later on the OP has made invoice bill of 750 liter Hot water Boiler Machine on dtd. 30.01.2024 for a sum of Rs. 47,200/- vide invoice No. 561 and consigned the said Boiler Machine through Great India Roadways and the item was delivered on dtd. 02.02.2024 at the campus of the Vikash, Sambalpur. The Complainant had made request to the OP regarding installation of the Hot Water Boiler Machine as per the terms and conditions made between the parties but the OP neither sent any technician/representative nor respond to the request of the Complainant. The product 750 liter Hot water Boiler Machine delivered by the OP is not in good running condition and as the installation was not made by the OP it was kept idle. The OP has sent different false messages and videos regarding consignment/delivery/installation of the Hot Water Boiler and later on it were found that the OP was cheating the Complainant.
- The OP is set exparte.
- From the records and evidences, it is observed that the Complainant had ordered for supply of two number of Hot Water Boiler and paid the cost of the equipment accordingly but the OP did not supply the equipment in time further after supply of one item, the OP did not install the equipment. Further, the OP has sent different false/misleading messages and videos to the Complainant regarding consignment/delivery/installation of the Hot Water Boiler and later on it was found that the OP was cheating the Complainant. Hence deficiency in service found against the OP. Accordingly it is ordered.
ORDER
The case is disposed of on merit. The O.P is directed to refund the Complainant Rs. 1, 73,000/- towards the cost of the equipments which is paid by the Complainant to the OP at the time of order of the equipments within one month of this order, Rs. 1, 00,000/- towards 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 to the complainant.
Order pronounced in the open Court today on 25th day of Nov, 2024.
Free copies of this order to the parties are supplied.
