BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.515 of 2019
Date of Institution: 03.09.2019
Date of Decision: 10.12.2019
Anukul aged 35 years son of Shri Kuldeep Singh, resident of village Abub Shahr, Tehsil Dabwali, District Sirsa.
………Complainant.
Versus
A.P.S Industries Odhav Industrial Area, 30 Abhinav Arcade, NR Astha Complex, Between Monmohan Cross Road to S.P. Ring Road, Odhav, Ahmedabad- 382415 through its Proprietor/ Manager/ Authorized signatory (Mob. No. 94091-50555, 082385-50555).
……… Opposite party.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SMT. SUKHDEEP KAUR………MEMBER
Present: Sh. Purshotam Phutela, Advocate for complainant.
Opposite party exparte.
ORDER
In brief, case of complainant is that opposite party’s industry deals in the business of manufacturing of processing machine, food grinding machine and food peeling machine etc. under the name and style A.P.S. Industries and the op company being the manufacturer of these machines at large scale is having high scale networking/ advertisement about their business. That complainant in order to earn his livelihood has started the business of Garlic peeling under the name and style as “Farmeast Garlic Peeling Industry” and in order to expand their business for livelihood, the complainant contacted with authorized representative of op company namely Raj Patel for purchase of garlic peeling machine who approached the complainant at Abub Shahar, Tehsil Dabwali, District Sirsa and enquired about the requirement and space for installation of the garlic peeling machine. That after whole discussion between them, complainant agreed for purchase of four machines/ product namely garlic bulb cutting machine 200 Kgs., garlic peeling machine 100 kgs., air pressure and packing machine. The costing rate of all these products were settled as Rs.8,00,000/- and the op assured for the delivery of the said items at his village and also assured for installation of the same by the Engineer of the company. It is further averred that at the time of finalization of the cost of said products, the complainant made payment of Rs.1,00,000/- in advance to the authorized representative of the company but he did not issue the receipt by simply assuring that they will credit the same in the account of company and message thereof would be sent at his mobile. That on 20.7.2017, the complainant again paid Rs.3,00,000/- through RTGS and on 11.8.2017 further paid a sum of Rs.2,50,000/- through RTGS and also paid a sum of Rs.1,50,000/- on 24.8.2017 and thus he paid total amount of Rs.8,00,000/- in advance to the op. It is further averred that against the above payments made by complainant, the op sent only three products i.e. garlic bulb cutting machine 200 Kgs., garlic peeling machine of 80 Kgs. instead of 100 Kgs. and air compressor through White Wave Logistic Ahmedabad with bill of Rs.5,66,400/- in the first week of October, 2018 but op failed to deliver the garlic packaging machine. That on the delivery of garlic peeling machine of 80 Kgs., instead of 100 Kgs., the complainant made telephonic call to op for this deficiency on their part upon which the op admitted their mistake in this regard and assured that they will install the garlic peeling machine of 100 Kgs. and also assured that they would deliver the packaging machine to the complainant. It is further averred that thereafter, the authorized engineer of the op visited at the premises of op and they simply installed the garlic peeling machine of 80 Kgs., instead of 100 Kgs., with an assurance that they would install the machine of 100 Kgs., very soon and also assured for delivery and installation of garlic peeling machine to the complainant but despite that op failed to provide the garlic peeling machine of 100 Kgs., and also failed to provide/deliver the packaging machine and opposite party has committed unfair trade practice towards the complainant. It is further averred that garlic peeling machine of 80 kgs. is not making production of the garlic product of 80 Kgs., as assured by the engineer of op at the time of installation. That besides above, the garlic cutter and peeling machine have also gone out of order just within a short time of its installation due to manufacturing defect therein and the complainant has lodged complaints with the op telephonically at the above referred number many times, but the grievance of complainant has not been redressed. The complainant also approached the op/ company many times in person but to no effect and in this way he has been harassed by the ops. Hence, this complaint for seeking direction to the ops to replace Garlic peeling machine of 80 Kgs. with 100 Kgs., to deliver garlic packing machine, to replace garlic bulb cutter or to make refund of amount already received by ops alongwith interest thereon and also to pay compensation for harassment.
2. Notice of the complaint was issued to the opposite party through registered cover but none appeared on behalf of op and as a period of more than 30 days elapsed, op was proceeded against exparte.
3. The complainant then led his evidence.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also tendered copy of statement of account Ex.CW1/B, copy of tax/ retail invoice Ex.CW1/C, copy of tax/ retail invoice Ex.CW1/D and copy of courier receipt Ex.CW1/E. On the other hand, opposite party did not put its appearance and did not come forward to contest the complaint and opted to be proceeded against exparte vide order dated 8.11.2019. The evidence led by complainant goes as unchallenged and unrebutted. It is proved on record that complainant has passed order to the opposite party for purchase of garlic bulb cutting machine 200 Kg, garlic peeling machine 100 Kg, air pressure and packing machine against the amount of Rs. eight lacs. It is also proved on record that complainant paid the said amount of Rs. eight lacs to the opposite party but the opposite party sent only three products i.e. garlic bulb cutting machine 200 Kg, garlic peeling machine of 80 Kg instead of 100 Kg and air compressor through White Wave Logistic Ahmedabad with bill of Rs.5,66,400/- but failed to deliver the garlic packing machine and also delivered the garlic peeling machine of 80 kg against the order of machine of 100 Kg which clearly amounts to deficiency in service and unfair trade practice on the part of opposite party.
6. In view of above, we allow this complaint and direct the opposite party to replace the garlic peeling machine of 80 Kgs with machine of 100 Kgs, to deliver the garlic packaging machine and to make the garlic bulb cutting machine defect free without any costs within a period of 45 days from the date of receipt of copy of this order. We also direct the opposite party to pay a sum of Rs.15,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant. The opposite party is directed to comply with this order within above said period of 45 days, failing which the complainant will be at liberty to initiate proceedings under Sections 25/27 of the Consumer Protection Act, 1986 against the opposite party. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. Member President,
Dated:10.12.2019. District Consumer Disputes
Redressal Forum, Sirsa.
