DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 29^th day of September 2023

CC.205/2023

Complainant

Asif Ali,

S/o Ali,

Kayyelikunnummal House,

Thamarassery Post,

Calicut, Kerala.

Opposite Party

1.         Best Deal Machineries Pvt Ltd, 58/17,

Ground floor,  Ashok Nagar,

      New Delhi -110018 

2.         Peppy Paper Pvt. Ltd, 58/15,

Ground floor, Ashok Nagar,

New Delhi -110018

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

             This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.   The case of the complainant, in brief, is as follows:

The opposite parties are engaged in the supply of machinery and raw materials for the production of paper plates. The complainant entered in to an agreement with the second opposite party on 7/07/2022 to purchase materials for manufacturing paper plates. The first opposite party is an associated company of the second opposite party. The machinery was supplied by the first opposite party. The opposite parties had made several promises and representations which all proved to be false and misleading. The representation regarding plate production was false. It was assured that he would receive 300 plates for every kilogram of material. But he received a maximum of 250 plates only. This shortfall was due to poor quality of the material or because of the mal-functioning of the machinery. An exorbitant amount of Rs. 1,60,000/- was charged for the machinery which was far above the prevailing market price. A machine of similar specification is readily available in the market for Rs. 60,000/-. There was over pricing of the materials supplied by the opposite parties. The normal market price for the raw materials ranges between Rs. 40/- and Rs. 65/- per kilogram. However, the opposite parties charged an exorbitant rate of Rs. 78/- per kilogram. The opposite parties have also failed to fulfill their obligation to make timely buy back payment. Due to the practice and breach of agreement committed by the opposite parties, the complainant was put to huge financial loss. Hence the complaint seeking appropriate compensation as well as punitive measures against the opposite parties for their unethical business practices.

3. The opposite parties, though were served with the notice issued from this Commission, remained absent and hence they were set ex-parte.
4. The points that arise for determination in this complaint are:

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?
2. Reliefs and costs.

5. The mother of the complainant was examined as PW1. Exts A1 to A16 were marked.
6. Heard.
7. POINT No. 1:  PW1, who is the mother and authorized agent of the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the complaint that the complainant has been using the machinery purchased by him for making paper plates for the purpose of earning his livelihood by means of self – employment. It is further averred that  the machinery stopped working and there was failure on the part of the opposite parties to address the concerns of the complainant over the machinery and the raw materials supplied. Further it is stated in the affidavit that there was misleading promise on the part of the opposite parties regarding plate production and there was over charging for the machinery and the raw materials and delay in buy back payment. Ext. A1 is the copy of  the tax invoice dated 13/07/2022, Ext A2 is the service call report dated 31/07/2022, Ext A3 is the copy of the tax invoice dated 5/08/2022, Ext A4 is the copy of the agreement dated 7/07/2022,  Ext A5 is the copy of the deposit slip, Ext A6 is the copy of VRL Logistic transit details, Ext A7 is the copy of UPI transaction ID, Ext A8 is the receipt dated 28/07/2022, Ext A9 is the receipt dated 25/08/2022, Ext A10 is the copy of the receipt, Ext A11 is the copy of the receipt dated 20/09/2022, Ext A12 is the copy of the invoice dated 26/11/2022, Ext A13 is the receipt dated 26/11/2022, Ext A14 is the copy of WhatsApp chat, Ext A15 is the copy of quotation and Ext A16 is the authorisation letter.
8. The evidence of PW1 stands unchallenged. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A16. Unfair trade practice and deficiency of service on the part of the opposite parties stands proved. Undoubtedly, the act of the opposite parties has resulted in monetary loss, besides mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 1,00,000/- will be reasonable compensation in this case. The opposite parties are jointly and severally liable.
9. Point No. 2:   In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 205/2023 is allowed.
2. The opposite parties are directed to pay a sum of Rs.1,00,000/- (Rupees One lakh only)  as compensation to the complainant.
3. The payment shall be made within 30 days of the receipt of the copy of this order, failing which, the amount of  Rs. 1,00,000/- shall carry an interest of 6% per annum from the date of this order till actual payment. 
4. No order as to costs.

Pronounced in open Commission on this the 29^th day of September 2023.

Date of Filing: 27/05/2023

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                             Sd/-                                                                 Sd/-                                                            Sd/-

                     PRESIDENT                                                      MEMBER                                                MEMBER

                                           APPENDIX

Exhibits for the Complainant :

1. Ext. A1 - Copy of  the tax invoice dated 13/07/2022.
2. Ext A2 -  Service call report dated 31/07/2022.
3. Ext A3 -  Copy of the tax invoice dated 5/08/2022.
4. Ext A4 -  Copy of the agreement dated 7/07/2022. 
5. Ext A5 -  Copy of the deposit slip.
6. Ext A6 -  Copy of VRL Logistic transit details.
7. Ext A7 -  Copy of UPI transaction ID.
8. Ext A8 -  Receipt dated 28/07/2022.
9. Ext A9  - Receipt dated 25/08/2022.
10. Ext A10 - Copy of the receipt.
11. Ext A11 - Copy of the receipt dated 20/09/2022.
12. Ext A12 - Copy of the invoice dated 26/11/2022.
13. Ext A13 - Receipt dated 26/11/2022.
14. Ext A14 - Copy of WhatsApp chat.
15. Ext A15 - Copy of quotation.
16. Ext A16 - Authorisation letter.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 –   Raihanath  (Mother of the Complainant)

Witnesses for the opposite parties 

 Nil

                                        Sd/-                                                                 Sd/-                                                 Sd/-

                                PRESIDENT                                                   MEMBER                                        MEMBER

True Copy,

                                                          Sd/-

                                                            Assistant Registrar.