Date of filing:1.10.2013.
Date of disposal: 3.12.2013.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER.
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
TUESDAY, THE 3rd DAY OF DECEMBER, 2013
C.C.No.157 of 2013
Between:
S.V.Gangadhara Rama Rao, S/o Krishna Rao, Hindu, 40 years, Business, Residing at H.No.42-2-16, 3rd Line, Ramakrishnapuram, Vijayawada.
.… Complainant.
AND
Chebrolu Raju, S/o Not Known, Hindu, 40 years, Proprietor of V.V.S.Chimney World, Shop Nos. 10 & 11, CVR Complex, Beside Satya Bhama Showroom, Prakasam Road, Governorpet, Vijayawada.
. … Opposite Party.
This complaint coming on before the Forum for final hearing on 29.11.2013 in the presence of Sri Ch.Suresh Kumar, Counsel for complainant and opposite party remained absent upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S.Sreeram)
This is a complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 praying the Forum to direct the opposite party to pay interest at 24% p.a. from the date of payment of advance amount of Rs.1,00,000/- till date which is amounting to Rs.15,000/-, to pay Rs.1,00,000/- towards compensation for mental agony caused to complainant, to pay costs of complaint and for other reliefs.
1. The brief case of the complainant is that in the month of January, 2013 he approached the opposite party for Modular Kitchen in his newly constructed house at Ramakrishnapuram, Vijayawada and having satisfied with the alluring and tempting representations made by the opposite party and on the quotation dt.30.1.2013 issued by opposite party, the complainant had purchased the same and paid advance amount of Rs.1,00,000/- by way of cheque bearing No.027798, dt.4.2.2013 of HDFC Bank, Vijayawada. At that time the opposite party informed that he would fix the said Modular kitchen by the end of February, 2013. But the opposite party did not turn up to fix the said Modular Kitchen as per the promise and as and when the complainant visited the office of opposite party, he requested time to fix the same. The complainant has completed the construction work except fixing of modular kitchen and at last he demanded the opposite party either to fix the said Modular Kitchen or to return back the advance amount of Rs.1,00,000/- as he intends to perform House Warming function in the 1st week of May, 2013. But the opposite party gave evasive replies and could not complete the work by the end of April, 2013. The complainant wandered around the office of opposite party for getting advance amount and at last the opposite party gave two cheques for Rs.50,000/- each drawn on ICICI Bank, Benz Circle, Vijayawada towards refund of advance amount, which were dishnoured with an endorsement ‘payment stopped by drawer’ on presentation of same by complainant. Having surprised with the attitude of opposite party, the complainant got issued notice dt.9.7.2013 demanding to pay the cheque amount and interest. The opposite party received the said notice, but not paid the amount and on the other hand got issued a reply dt.14.8.2013 with false allegations and also enclosed two bankers cheques for Rs.40,000/- each and another bankers cheque for Rs.20,000/- drawn on State Bank of India, Vijayawada in order to avoid criminal liability under NI Act. The complainant received the said payment under protest and filed the present complaint for compensation of Rs.1,00,000/- towards mental agony and for interest on the advance amount. Hence, the complaint.
2. After registering the complaint, notices were sent to opposite party, but he did not turn up and remained absent.
3. The complainant has filed his affidavit and got marked Ex.A1 to Ex.A10. None is examined on behalf of opposite party as he remained absent.
4. Heard complainant. Perused the record.
5. Now the points that arise for consideration in this complaint are:
i) Whether there is any deficiency in service on the part of opposite party in providing services to the complainant?
ii) If so is the complainant is entitled for the releifs as prayed for?
POINT NO.1:
6. A perusal of record discloses the following admitted facts. The complainant gave advance amount of Rs.1,00,000/- on the quotation issued by opposite party, towards fixation of Modular Kitchen in his newly constructed house by way of cheque. The opposite party issued a cash receipt dt.4.2.2013. Ex.A1 Quotation and Ex.A2 cash receipt discloses the said facts. The opposite party informed the complainant that he would fix the said Modular Kitchen by the end of February, 2013. But contrary to the said promise, he has not fixed the same till the end of April, 2013. On the demand of complainant either to fix the said Modular Kitchen or to refund the advance amount, the complainant gave two cheques under Ex.A3 and Ex.A4 for Rs.50,000/- each towards refund of advance amount, which were dishnoured vide Ex.A5 and Ex.A6 cheque return memos. On that the complainant got issued a legal notice under Ex.A7 with a demand to pay the cheque amount and interest amount. The opposite party received the same and got issued a reply notice under Ex.A8 and also enclosed three bankers cheques for Rs.40,000/- each and Rs.20,000/-. The complainant received the said amount under protest. The complainant got issued rejoinder notice under Ex.A9 with a demand to pay interest on Rs.1,00,000/- advance amount and also to pay Rs.1,00,000/- towards compensation for mental agony. The opposite party received the said notice under Ex.A10 acknowledgment.
7. In view of the above facts and circumstances of the case and a perusal of record, it is clear that the complainant received an amount of Rs.1,00,000/- which was paid by him towards advance amount. Now the point that stood for consideration before this Forum is whether the complainant is entitled for interest amount and compensation as prayed for.
8. A perusal of record discloses that, though the opposite party received the notice in the present complaint failed to make his appearance. Therefore, the claim of complainant is deemed to be admitted by the opposite party. Ex.A1 to Ex.A10 remained unquestioned and unchallenged. Accordingly the complainant proved his case. The complainant intends to fix the modular kitchen in his house and paid the advance amount to opposite party who is the proprietor of V.V.S.Chimney World, which is dealing with the business of selling various products. As such the opposite party is a business man and as regards him the transaction is commercial one. Further the repayment of amount to complainant under bankers’ cheques by opposite party discloses that the opposite party has not fulfilled his promise. Further to disprove the allegations of complainant and to prove the averments made in his reply notice under Ex.A8, the opposite party has not made his appearance. Unless the opposite party putforth his version under what circumstances he is obliged to return the amount etc., this Forum has no option to believe the version of complainant. The opposite party is liable to pay the interest amount on Rs.1,00,000/- at the rate of 12% p.a from 4.2.2013 and costs. The complainant does not say if he could not carryout house warming ceremony in May, 2013 as scheduled or if he could not get the modular kitchen fixed at around the amount originally contracted. However the complainant was to put to mental agony by the opposite party due to failure to fix modular kitchen. So the complainant is entitled to reasonable compensation which is assessed at Rs.5,000/-.
POINT NO.2:
9. In the result, the complaint is allowed partly with a direction to the opposite party to pay interest on Rs.1,00,000/- (advance amount) (one lakh rupees only) from 4.2.2013 at 12% p.a. till 11.8.2013. The opposite party is also directed to pay an amount of Rs.5,000/- (Five thousand rupees only) towards compensation besides Rs.1000/- (One thousand rupees only) towards costs of the complaint. The other claims of the complainant if any are hereby dismissed. Time for compliance is one month from the date of receipt of his order.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 3rd day of December, 2013.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 S.V.Gangadhara Rama Rao None.
Complainant (by affidavit)
DOCUMENTS MARKED
On behalf of the complainant:
Ex.A.1 30.01.2013 Photocopy of quotation issued by the opposite party.
Ex.A.2 04.02.2013 Photocopy of cash receipt for Rs.1,00,000/- issued by the opposite party.
Ex.A.3 21.06.2013 Photocopy of cheque for Rs.50,000/-.
Ex.A.4 21.06.2013 Photocopy of cheque for Rs.50,000/-.
Ex.A.5 24.06.2013 Photocopy of cheque return memo issued by ING Vysya Bnk Ltd.,
Ex.A.6 24.06.2013 Photocopy of cheque return memo issued by ING Vysya Bnk Ltd.,
Ex.A.7 09.07.2013 Office copy of legal notice.
Ex.A.8 11.08.2013 Reply notice.
Ex.A.9 25.08.2013 Office copy of rejoinder notice.
Ex.A.10 26.08.2013 photocopy of acknowledgement.
For the opposite party:
Nil.
PRESIDENT
