Date of filing  :  17.02.2021

                                                                                      Date of order :  12.10.2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE 

PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L.     PRESIDENT

                THIRU. R. ASGHAR KHAN, B.Sc., B.L.                    MEMBER – I

        SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A.,     MEMBER-II

WEDNESDAY THE 12th  DAY OF OCTOBER 2022

    CONSUMER COMPLAINANT NO. 15/2021

Iyyappan,

S/o. Ponnusamy,  Proprietor,

Star Soft Drinks,

Residing at No.177, Bazanai Koil Street,

Ramachandrapuram, Venkatasamudram Post,

Ambur Taluk-635 811,

Tirupattur District.                                                                               …Complainant

-Vs-

The Proprietor,

Canadian Crystalline Water India Limited ,

Global Water Technology Solutions,

Office at No.149, EVR Lane, 

Ponamalli High Road, Kilpauk , 

Chennai – 600 010.                                                                            …Opposite party

Counsel for complainant     :   Thiru.  K.M. Boopathi

Counsel for opposite party  :   Set exparte  on 10.06.2022)

ORDER

THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT

    This complaint has been filed Under Section 35 of Consumer Protection Act 2019.  The complainant has prayed this Hon’ble Commission to direct the opposite party to return the amount of Rs.20,00,000/- paid by the complainant through Demand Draft with 24% per annum  till the entire amount is realized for the purchase of machineries and to pay a sum of Rs.2,00,000/- as compensation for deficiency in service and mental agony and also to pay the cost of the complaint.

1.The case of the complaint is briefly as follows:

    The complainant submits that he wanted to impact on livelihood has started a soft drinks small size company under the name and style of “Star Soft Drinks” and he obtained loan from Andhra Bank, Ambur and he contacted the opposite party for purchasing of machineries.  The complainant submits that the following payments are made by way of demand draft through bank and so far the complainant has paid a sum of Rs.20,00,000/-.  After that the opposite party has delivered machineries.  But the machineries were not working properly.  Hence, the complaint has been made by complainant to the opposite party.  The opposite party has also sent their service people and after inspecting the machineries and running the machineries told that the said machineries  are not running properly and they have taken back the machineries in the month of September 2020 and they also agreed to deliver the new machineries within a month.  The complainant further submits that inspite of several demands the opposite party has not send new machineries.  Infact  now reply from the opposite party till date.  The above said act of the opposite party is highly illegal and unlawful.  Infact, the opposite party has sent a letter dated 25-01-2021 to the complainant and so far the machineries have not been delivered.  The complainant could not run the business.  Now the complainant is estimating the compensation for deficiency of service to an extent of Rs.2,00,000/- and also seeks to direct the opposite party to repay the amount of Rs.20,00,000/- which was paid by the complainant for purchase of machineries.  Hence this complaint.

2.    On receipt of notice from this Hon’ble Commission.  Opposite party did not appear, several opportunities given, the opposite party called absent set exparte.

3.    Proof affidavit of complainant filed. Ex.A1 to Ex.A9 were marked. Written argument of  complainant filed and oral arguments heard.    

4.The points that of arises for consideration are:

    1. Whether there is any deficiency in service on the part of the opposite      

               party?

    2. Whether the complainant is entitled for relief as claimed in the complaint?

3. To what relief complainant is entitled to?

5. POINT NOS. 1&2:    The complainant purchased machinery for producing soft drinks in the name and style of “Star Soft Drinks from the opposite party, by availing a business loan of Rs.20,00,000/- from Andra Bank. After the opposite party delivered the machinery, the machinery was not working properly.  Hence, the complainant made a complaint to the opposite parties, the opposite party’s service personnel came to the complainant’s premises.  After     inspection they have taken back the machinery in September’2020 for service and the opposite party promised to deliver the new machinery within one month. Thereafter the complainant made several demands to send new machineries but there was no response. The complainant suffered financial crisis, as a result he could not repay the dues to the bank, since, the machinery supplied by the opposite party was not working properly.  Therefore there was no production and thus no income.  The allegation of the  complainant is that the machinery provided by the opposite party did not function properly as promised.  Therefore, there is a deficiency in service on the part of the opposite party.  The complainant has also sent several letters to the opposite party, but there was no response.  On receipt of this commission issued notice, despite of notice they did not appear before this commission.   Hence opposite party was called  absent and set exparte.    Therefore, we have no other choice except, accepting the contention of the complainant.  Therefore, we find that there is a deficiency in service on the part of the opposite party.  Hence, these Point Nos.1 and 2 are decided in favour of the complainant.

6. POINT NO. 3:      As we have decided in Point Nos.1 and 2 that there is a deficiency in service on the part of the opposite party.  The opposite party is hereby directed to refund of Rs.20,00,000/- (Rupees Twenty Lakhs only) the cost of the machinery along with interest @ 9% p.a. from 03.10.2018 to till the date of this order and to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant.  Hence, this Point No.3 is also answered accordingly.    

  7.     In the result, this complaint is allowed.   The opposite party is hereby directed to refund of Rs.20,00,000/- (Rupees Twenty Lakhs only) the cost of the machinery along with interest @ 9% p.a. from 03.10.2018 to till the date of this order and to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above  amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 12th October 2022.

Sd/-                                                            Sd/-                                                        Sd/-

MEMBER-I                                     MEMBER – II                                    PRESIDENT

LIST OF COMPLAINANT SIDE DOCUMENTS:

Ex.A1-08.02.2018 – Copy of Quotation given by the opposite party

Ex.A2                    -  Copy of mail sent by Andhra Bank, Ambur Branch to the 

                                 opposite   party 

Ex.A3-19.02.2019 -  Copy of Tax invoice

Ex.A4-03.10.2018 -  Copy of Tax invoice 

Ex.A5-25.03.2019 -  Copy of Letter sent by the opposite party

Ex.A6-15.10.2020 -  Copy of sent by the bank

Ex.A7-25.01.2021 -  Copy of letter sent by the opposite party  

LIST OF OPPOSITE PARTY SIDE DOCUMENTS:                                    -NIL-

                                 Sd/-                                                         Sd/-                                                      Sd/-

                        MEMBER –I                                      MEMBER-II                                     PRESIDENT