Andhra Pradesh

Nellore

CC/75/2015

Duggisetty Ravi, S/o D.Venkata Ramanaiah - Complainant(s)

Versus

Bhavya Cements Ltd, Rep by its Mnaging Director - Opp.Party(s)

MD.Rahim Khan

20 Nov 2015

ORDER

Date of Filing     :02-09-2015

                                                                                                Date of Disposal:20-11-2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Friday, this the 20^th  day of   November, 2015

 

PRESENT: Sri M. Subbarayudu Naidu, B.Com.,B.L.,LL.M.,President(FAC) & Member                             

                   Sri N.S. Kumara Swamy, B.Sc.,LL.B., Member.

 

C.C.No.75/2015

 

Duggisetty Ravi, S/o.D. Venkata Ramanaiah,

Aged  60 years, D.No.5-3-154, Upstairs,

Pappula Street, Stonehousepet, Nellore.                                                  ..… Complainant   

 

                                                                           Vs.

 

Bhavya Cements Limited, Represented by it’s Managing Director, Registered  office at Plat No.A-1, 2nd Floor, Bhavya Spoorti Bhavan, Film Nagar, Jubilee  Hills, Hyderbad-500033.                                                                                   …..Opposite party

                                                        .        

            This complaint coming on 12-11-2015 before us for hearing in the presence of                Sri Md. Rahim Khan, advocate for the complainant and opposite party called absent       and having stood over for consideration till this day and this Forum made the following:

 

ORDER

(ORDER BY  Sri N.S . KUMARA SWAMY, MEMBER)

 

This complaint is filed under Section-12 of Consumer Protection Act, 1986 prays to   supp 1000 bags of Bhavya Cement immediately, Rs.2,50,000/- towards mental agony, distress, inconvenience and financial loss suffered by the complainant and Rs.5,000/- towards costs of the complaint.

 

 

2.         The brief averment of the  complaint are that the opposite party’s  Sales Officer of Nellore District namely Sri M. Murali Krishna approached the complainant canvassing about their cement products and gave offer to supply cement bags at Rs.160/- per bag on  ex-factory price  for bulk purchase of 500 and above bags orders.  The complainant with a view to  reconstruct his house situated at Usmansahebpet, Nellore  intended to purchase 1000 (one thousand) bags of cement  and believing the promises and assurance of the opposite party, the complainant placed an order for supply 1000 (one thousand) bags of cement for his personal use through  the Sales Officer of opposite party    Sri M. Murali Krishna on 28-03-2014 at Nellore.  The said sales officer of opposite party collected a cheque  bearing No.437389 for Rs.1,60,000/- drawn on Corporation Bank, Nellore  towards the costs of 1000 (one thousand) bags of cement  promising that the said bags will be supplied to Nellore address of the complainant with free transportation within a week after the cheque is encashed by the opposite party.  The said cheque was presented by the opposite party through the banker  and the same was honoured by the complainant’s banker on 29-03-2014. Believing the promises and assurance of the opposite party, the complainant waited for 10 days   for receipt of cement bags and due to non-supply of the said bags by the opposite party, the complainant requested the opposite party to supply the cement bags as promised.  Inspite of several approaches and requests made by the complainant the opposite party did not choose to  supply the same and postponing to supply the same on some pretext or other. The complainant issued a letter dated 16-04-2014 to the incharge sales officer  L. Ramanjaneyulu about the placing of the order  and non-supply of the cement and requested to supply 1000 (one thousand) bags  as per offer and order.  Inspite of several approaches, the opposite party did not choose to supply the said cement bags.  Vexed with the attitude of the opposite party,   the complainant got issued a legal notice to the opposite party demanding to supply 1000 (one thousand) bags of cement and to pay damages.  Having received the same, the opposite party kept quite and did not choose to comply  with the demand of the complainant.  Though the damages demanded Rs.50,000/- on 12-09-2014, the same demand has been increased again for claiming of Rs.2,50,000/- due to construction costs and the costs of cement bags  abnormally increased. The complainant  submitted that it is legal and bounden duty of the opposite party for the supply of 1000 (one thousand) cement bags within a week.  Due to the non-supply of the cement bags, the construction of the complainant’s building is delayed and construction expenses increased abnormally.  On account of non-supply of the said bags, the complainant suffered not only financial loss but also mental agony, distress and hardship.  So, the opposite party is not only liable to supply 1000 (one thousand) cement bags  alongwith payment of damages and  costs.  Hence, the complaint filed by the complainant before this Forum for redresssal.

 

           3.          Notice sent to the opposite party by way of registered post with acknowledgement  and same was received by the opposite party.  When the opposite party called on 08-10-2015, the opposite party represented by it’s managing director was absent continuously till the date of orders reserved. No representation on its behalf. Hence, treated as  no defense on the side of opposite party.

 

            4.         On the other  hand, the complainant filed chief affidavit and marked Exs.A1 to A4.  The complainant also filed written arguments.  Heard the counsel for the complainant and proceeded with as there was no contest  on the side of  opposite party.  Perused the material papers  on record. 

            5.         The points for determination would be:

1.    Whether there is deficiency, negligence and unfair trade practice on the part 

   of the opposite party, if so whether the complainant is entitled for the  relief  

    as prayed for?

2.     To what relief?

 

          6.      POINT No.1:  The complainant is a consumer  within the meaning of Consumer Protection Act.  In the present case, as seen from the  evidence on affidavit placed by him would clearly goes to show that complainant placed an order with the opposite party  for the supply of 1000 (one thousand) bags of cement for his personal use on 28-03-2014 at Nellore by paying an amount of Rs.1,60,000/- through a cheque  bearing No.437389 drawn on Corporation Bank, Nellore, which is marked as Ex.A1.  The  said amount  was debited from the account of complainant and credited to the account of opposite party  on 29-03-2014.  As per the terms of contract and promises and assurances given by the opposite party, the opposite party is bound to  supply  the 1000 (one thousand) bags of cement at the cost of Rs.160/- per bag  on ex-factory price.  It is also reveals from the record that the opposite party have not fulfill their part of obligation.  Inspite of making representation in this regard and a letter  dated 16-04-2014 to the incharge sales officer namely L. Ramanjaneyulu of opposite party, the opposite party have not  fulfill their part of  obligation and kept quite without moving the matter.  The complainant because of inaction on the side of the opposite party constrained to issue legal notice dated 12-09-2014 under Ex.A3  demanding the opposite party to supply the 1000 (one thousand) cement bags. Having received the legal notice by the opposite party under Ex.A4,  it did not comply with the  demand contained in the said notice.  Long silence and inaction on the part of opposite party would certainly amounts to deficiency in service, negligence and also unfair trade practice.  Unscrupulous traders after taking the amount  from the complainant for the supply of cement bags  does not performed its part of obligation should not be spared.

 

            7.         Generally, a common man used to purchase cement bags as a customer from a Bhavya Cement Company Limited by expecting that the purpose for which the  cement bags purchased for constructing the house, which will fulfillment of their desires in constructing. If the said company failed to supply the said cement bags  due to  fraudulent behavior  of the traders in any event the very purpose  of his desire will be defeated and the consumer  will be put to  great hardship.  In the instant case, the complainant paid an amount of Rs.1,60,000/- to the opposite party  for the supply of cement bags but the opposite party did not respond   and failed to keep up its promise without any intimation to the complainant. Such type of attitude on the part of opposite party should not be encouraged.   If the said attitude is continued  to be allowed definitly consumer will loose confidence on purchase of cement bags and it also affects the goodwill of  business at large.  We find no bonafidies on the part of the opposite party as the said opposite party has not placed any material contrary to the evidence placed by the complainant for which the complainant cannot be penalized.  Therefore, the opposite party is liable for  supply of 1000 (one thousand) bags of Bhavya Cements as per their promise. 

 

            8.         Further with regard to the compensation, it is to be considered how much compensation is entitled apart from supply of 1000 (one thousand) bags of Bhavya Cement.    

 

            9.         The complainant claimed for a direction to the opposite party for payment of damages of Rs.2,50,000/- towards mental agony, distress, inconvenience and financial loss committed by the opposite party due to deficiency in service.  In order to obtain a direction for compensation of Rs.2,50,000/-, the complainant has to establish the mental agony and sufferings  said to have been caused to him.  It is the version of the complainant that he suffered mental agony, financial loss, distress and hardship due to non-supply of cement bags inspite of collection of it’s costs clearly proved the deficiency which resulted in and also the construction of the complainant building  expenses increased abnormally.  For that the complainant is also entitled for  reasonable compensation apart from supply of 1000 (one thousand) bags of Bhavya Cements.  Merely, because  the opposite party did not choose to contest the claim of the complainant, the complainant would not automatically entitled to whatever amount claimed in the complaint.  The complainant  would not be entitled for payment of exorbitant compensation of Rs.2,50,000/- as claimed.  An amount of Rs.50,000/- appears to be reasonable amount of compensation besides the costs of Rs.5,000/-.  Therefore, the opposite party is liable for the supply of 1000 (one thousand) cement bags  and also  damages of Rs.50,000/-  besides the costs of Rs.5,000/-.  Point No.1 is answered, accordingly.

 

            10.       POINT No.2:  In the result, the complaint is  partly allowed directing the opposite party to supply  1000 (one thousand) bags of Bhavya Cement to the complainant.  The opposite party is also further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand only) besides the costs of Rs.5,000/- (Rupees five thousand only). The above said order shall be complied within one month from the date of  receipt of this order.

 

Typed to the dictation to the Stenographer, corrected  and pronounced by us in the open  Forum, this the  20^th day of  November, 2015.

 

 

                Sd/-                                                                                             Sd/-

           MEMBER                                                                               PRESIDENT(F.A.C.)

 

                                                APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

29-10-2015

Sri Duggisetty Ravi, S/o.D. Venkata Ramanaiah, Nellore (Deposition Affidavit filed)

 

Witnesses Examined for the opposite party

-Nil-

 

                             EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	-	Photocopy of  pass book two pages in favour of complainant   at Corporation Bank, Nellore.
Ex.A2  -	16-04-2014	Photocopy of letter from complainant to the  opposite party
Ex.A3  -	12-09-2014	Legal notice from   complainant’s advocate G. Babulu to the opposite party alongwith registered post receipt.
Ex.A4  -	-	Postal acknowledgement received from opposite party.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTY

-Nil-

 

                                                                                                                             Id/-

 

                                                                                                         PRESIDENT(F.A.C.)

 

 

Copies to:

 

1.	Sri  Md. Rahimkhan, Advocate, Nellore.
2.	M/s.Bhavya Cements Limited, Represented by it’s Managing Director, Registered  office at Plat No.A-1, 2nd Floor, Bhavya Spoorti Bhavan, Film Nagar, Jubilee  Hills, Hyderbad-500033.

 

Date when free copy was issued: