DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT
Complaint No. : 178
Date of Institution: 07.06.2017
Date of Decision : 26.09.2017
Vivek Garg aged about 48 years S/o Sh. Hargobind Rai R/o Faridkot road, Kotkapura Tehsil Kotkapura District Faridkot Mobile no.98141-62550
...Complainant
Versus
- Ceramic Valley 545 D College Road, Basement Reliance Jewellers, Near Fountain Chowk Lduhiana through its Partner Karan Goyal
- Karan Goyal, partner Ceramic Valley.
- Bharat Soni Parter Ceramic Valley
Both R/o Patel Nagar, H.No.750, Near Hakikat Sweet Shop Gali No.3 Ludhiana.
....Opposite parties (Ops)
Complaint under Section 12 of the
Consumer Protection Act, 1986.
Quorum: Sh. Ajit Aggarwal, President
Sh. Purshotam Singla, Member.
Present: Sh. A.K. Chawla, Advocate, Ld Counsel for complainant.
Ops Exparte.
(Ajit Aggarwal, President)
The Complainant filed the present complaint U/s 12 of the Consumer Protection Act, 1986 against Ops for not supplying the tiles to the complainant in spite of advance payment made by the complainant and for not refunding the amount deposited by the complainant along with interest and compensation for causing unnecessary mental tension, pain, agony suffering etc along with cost of litigation.
2 Briefly stated facts of the complaint is that Ops are running the business of selling tiles etc. for construction of the house. The complainant placed order for the supply of tiles for constructions of his house to OP-1. The total value of the tiles ordered comes to Rs.2,57,942/- out of this amount the complainant deposited Rs.1,00,000/- in the account of the OPs through RTGS from Kotkapura and the remaining amount of Rs.1,57,942/- also deposited by the complainant in the account of OPs through RTGS from Kotkapura on 16.10.2015, as such he made total payment of Rs.2,57,942/-. On 27.10.2015 the OPs delivered tiles worth Rs.1,46,232/- to the complainant with assurance to deliver the remaining tiles in very short period. That, in spite of expiry of long period the remaining tiles were not supplied and the complainant contacted the OPs on phone, on this OP-2 told that they have wind up the business of tiles and now they will neither deliver the tiles nor will refund the amount, rather they threatened that in case the complainant will ask for refund of balance amount, then they will involve him in some false case which amount to deficiency in service , mal trade practice on the part of the Ops, the act and conduct of the OPs has caused great mental tension, harassment and financial loss to the complainant. As due to non supply of the tiles, no work was done at the construction site and the labourers have received their labour without doing any work. The complainant has been compelled to purchase the tiles from somewhere else to complete the construction of his house. The complainant claims Rs.2,00,000/- as compensation from the OPs apart from refund of excess amount deposited by him with the OPs along with litigation expenses.
3 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 13.06.2017, complaint was admitted and notice was ordered to be issued to the opposite parties.
4. As per office report, notice issued to Ops through registered cover received back with report of Postal Authorities as “addressee left’. Thereafter, notice was served through publication and it is presumed that OPs have sufficient knowledge of notice issued against them. Despite making several calls to OPs, no body appeared in the Forum on behalf of Ops on date fixed either in person or through counsel, therefore, after waiting for a long period till 4.00 O’ clock, Ops were proceeded against exparte vide order dt 15.09.2017.
5. To prove his case the complainant in his exparte evidence tendered his duly sworn affidavit as Ex C-1 and documents Ex C-2 to C-4 and closed his exparte evidence.
6. As there is no rebuttal on behalf of the OPs, We have heard the arguments of complainant and also gone through the pleadings and evidence led by Complainant. The case of the complainant is that Ops are running the business of selling tiles for the construction of houses. The complainant placed the order for supply of the tiles with OPs and the total value of the order comes to Rs.2,57,942/- which was deposited by complainant in the account of the OPs through RTGS at Kotkapura. The copy of the bank deposited receipt as Ex C-2 & C-3. Out of these tiles the OPs supplied the tiles only worth Rs.1,46,232/- vide bill dated 27.10.2015, copy of the same is Ex C-4and did not supply the remaining tiles. On it the complainant contacted to OPs and they told him that they have wind up the business and now they will neither deliver the tiles nor refund the amount. This act and conduct of the OPs caused great mental tension, harassment and financial loss to the complainant and amounts to deficiency in service on the part of the OPs. From the bank deposit slips Ex C-2 & 3 it is clearly proved that complainant paid amount of Rs.2,57,942/- to OPs as advance price of the tiles ordered by him. From the copy of bill Ex C-4, it is proved that Ops supplied the tiles only to worth Rs.1,46,232/- instead of total worth Rs.2,57,942/-. The act of the Ops for non supply of the remaining tiles and non refunding the balance amount of Rs.1,11,710/- amounts to deficiency in service and trade male practice on their part.
7. In the light of above discussion, the complaint is allowed. The OPs are directed to refund the balance amount of Rs.1,11,710/- along with interest @ 9% PA from 16.10.2015 when the complainant deposited the amount in their bank account till realization. The OPs are further ordered to pay Rs.5000/- as compensation for mental agony, harassment and inconvenience suffered by the complainant due to negligence of OPs. The OPs are also burdened to pay Rs.2000/- as litigation expenses to the complainant. OPs are directed to comply with the order within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.
Announced in Open Forum
Dated : 26.09.2017
Member President (Purshotam Singla) (Ajit Aggarwal)
