PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 30/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Sanjib Kumar Dash

S/O-Late Bihari Dash,

Sahajog Nagar, House No.59,

Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004.

Ph No. 9853350927                                             .……….......Complainant.

Vrs.

Ashok Electrical Fabricator,

At-Charbhati, Po/Dist-Sambalpur-768001.

Mob-9437027070, 9437052249.                         …...……….Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Sri. P.K. Nath & Associates

Date of Filing:01.02.2024,  Date of Hearing :30.04.2024  Date of Judgement : 21.05.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant had ordered a meter base from the OP on 01.01.2024 of Rs. 17,500/-. But when it arrives the meter base not placed inside it. When the Complainant told the OP, the OP told to throw it in the dustbin.    
2. The Version of the OP is that the Complainant placed his order to manufacture one meter penal for 12 no’s of meter and consulted with the OP’s Engineer. The husband of the Complainant provided dimension and size of the meter penal along with its technicalities and he made an advance of Rs. 5000/- for manufacturing the meter penal. The Complainant with his wife visited the firm of the OP on 11.01.2024 and personally verified the proper evaluation of the meter penal and found it to be as per their requirement and satisfactions paid the final bills and received the meter penal. The Complainant along with brother-in-law and his wife came after 15 days and argued to take return  of the penal board and wants to refund the price of it. When the OP expressed his inability to take back the penal board as the same has been made as per their requirements and the same cannot come in use of other customers. The Complainant argued with the OP demanded to refund of the price of the penal board, the OP explained his inconvenience and they returned back. The complaint petition of the Complainant is silent about any defective product or deficiency in services by the OP, as such the Complaint petition is liable to be rejected with cost.
3. From the records and evidences, it is observed that the Complainant has placed his order to manufacture one meter penal for 12 no’s of meter and consulted with the OP’s Engineer but the meter penal was not properly fixed in the Complainant installation place. However prior to gave order, the Complainant consulted with the OP’s Engineer, it is the duty of the OP’s Engineer to take proper measurement.  Hence deficiency in service found against the OP. Accordingly it is ordered.

ORDER

The case is disposed of on contest. The O.P is directed to pay the Complainant Rs.17,500/- towards the cost of the meter penal and return back the said meter penal, Rs. 10,000/- towards compensation and 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 21^st day of May, 2024.

Free copies of this order to the parties are supplied.