BEFORE THE DISTRICT FOUM: KURNOOL
Sri K.V.H. Prasad, B.A., LL.B., President
And
Smt C. Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Monday the 5th day of September, 2005
CD NO. 118/2005
K. Gundu Rao,
S/o. K.Ganapathi Rao,
H.No. 53/26,
Fort, Kurnool. . . . Complainant
-Vs-
1.D.Venkateswarlu,
H.No. 59/13-B,
Fort, Iron Furniture Merchant,
Kurnool.
2.D.Ramesh,
S/o. D.Venkateswarlu,
Sri Laxmi Raghavendra Iron Mart,
Iron Furniture Merchant,
Shop No.9, Municipal Complex,
Behind ‘E’ Seva Kendram,
Old Bus-stand, Kurnool. . . . Opposite party
This complaint coming on 31.08.2005 for arguments in the presence Sri K.Gundu Rao, Inperson and opposite party 1 and 2 set exparte and stood over for consideration till this day the Forum made the following.
O R D E R
(As per Sri R. Ramachandra Reddy, Hon’ble Member)
1. This Consumer dispute of the complainant is filed under section 11 and 12 of the CP Act, 1986, seeking a direction on the opposite parties to pay him Rs. 5,500/- with 24% interest per annum from the date of receipt of the cash by them or to deliver the ordered almarah to him as describe in the receipt passed by them, to pay Rs.15,000/- to him for not delivering the ordered almarah in time and loss of good respect before his relatives and society people and to pay the costs of the complaint.
2. The brief facts of the complainant’s case are that the opposite party no.1 approached him to give order for Iron almarah, as he wants the same to present it to his sister’s daughter in her marriage. The opposite party No.1 stated that he himself and his son (opposite party No.2) are maintaining an Iron shop in which they are preparing required Iron articles for the public and public offices. The opposite party No.1 got order from him for supplying an Iron almarah for Rs. 5,500/- and then he paid Rs. 4,000/- as an advanced and opposite party No.1 passed a receipt with required design for the said amount on 29.3.2005, in the letter of Rajasekhar sheet metal works, Kurnool, noting as 20.4.2005 as delivery date. But did not keep his promise and failed to deliver the ordered almarah to the complainant within time. The opposite party No.1 and opposite party No.2 both draged to the matter on the unnecessary reasons. At last the opposite party nO.2 demanded to pay the balance amount of Rs. 1500/- on 30.6.2005 and he paid the same on the same day and in token of the receipt of the said amount the opposite party No.2 endorsed on the back side of the receipt which the opposite party No.1 issued at the time of receiving of Rs.4,000/- as advance and opposite party No.2 promised to deliver the ordered Iron almarah within two days. After wards when he approached the opposite party No.1 and opposite party No.2 on the said promise for the delivery of the said almarah, they behaved adamantly against him and did not deliver the said almarah, instead they want some more time to delivery the same. But so far till the date of filing this CD i.e 30.7.2005 they did not deliver the ordered Iron almarah to him and utilized his amount of Rs.5,5000/- in their trade and postponing in delivering the ordered almarah. As he lost his hopes on them, he has no other go to approach this Forum for immediate relief and for necessary order as prayed for in the complaint.
3. In pursuance of the receipt of the notice of this Forum as to this case of the complainant the opposite party No.1 and 2 neither appeared before this Forum nor contested the case of the complainant by filing any written version with any defence and there by remained exparte.
4. While such is so the opposite party No.1 and 2 the complainant in substantiation of its case relied upon the documentary record in Ex A.1 and Ex A.2 besides to his sworn affidavit in reiteration of the complaint averments.
5. Hence, the point for consideration is whether the complainant has made out the case of the deficiency of service on the part of the opposite party No.1 and 2 towards him, entitling him for the reliefs sought:-
6. The Ex A.1 is the letter of Rajasekhar sheet metal works dated 29.3.2005 of opposite party no.1 in token of receipt of a sum of Rs. 4,000/- as advance for the supply of Steel Almarah, size 6 ½ feet x34 “ and 18 “, make of 18 g from K.Gundu Rao / complainant and further mentioned that the balance amount of Rs,.1500/- tobe paid at the time of delivery of almarah model shown in the said letter as T.V Model, design with specifications and the delivery date, 20.4.2005 under the signature of opposite party No.1 with date as 29.3.2005. The Ex A.2 is the back side of the Ex A.1 which is also in token of receipt of the balance amount of Rs. 1500/- towards the said almarah with signature of opposite party No.2 with date as 30.6.2005. Thus, the fact so envisaged in the Ex A.1 and A.2, the complaint averments and the complainant’s sworn affidavit averments in-reiteration of its case are neither denied nor rebutted by the opposite parties 1 and 2, even in pursuance of the receipt of the notice of this Forum, they neither appeared nor contested the said case of the complainant by filing any written version with any defence and there by remained exparte and hence there appears their negligent attitude which constitutes deficiency towards the complainant and the complainants claim is bonafidie in this case.
7. Therefore, in the above said circumstances on the cogent material available the complaint is allowed directing the opposite parties 1 and 2 jointly and severally liable to pay the amount which he paid i.e Rs.4000/- on 29.3.2005 and Rs. 1500/- on 30.6.2005 for the supply of Iron Almarah with interest at 12 percent per annum in respect of the said amounts from the said dates till the date of realization, Rs.2,000/- as compensation for the mental agony suffered and Rs.500/- as costs within a month from the date of receipt of this order. In default, the opposite parties 1 and 2 shall pay the supra awarded amount with 15% interest per annum from the date of the said default till the date of realization.
Dictation to the Stenographer, typed to dictation corrected by us pronounced in the Open Court this the 5th day of September, 2005.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant For the opposite parties
-Nil- -Nil-
List of Exhibits Marked for the complainant:-
Ex A.1 Receipt of Rajasekhar Sheet Work dated 29.3.2005 of opposite party No.1 in token of receipt of a sum of Rs.4000/-.
Ex A.2 Receipt of Ex A.1 back side with endorsement of opposite party No.2 received balance of Rs.1500/- dated 30.6.2005.
List of Exhibits Marked for the opposite parties:-
-Nil-
PRESIDENT
MEMBER MEMBER
Copy to:-
1. Sri K. Gundu Rao, S/o. K.Ganapathi Rao, H.No. 53/26, Fort, Kurnool.
2. Sri .D. Venkateswarlu, H.No. 59/13-B, Fort, Iron Furniture Merchant,
Kurnool.
3. D.Ramesh, S/o. D.Venkateswarlu, Sri Laxmi Raghavendra Iron Mart,
Iron Furniture Merchant, Shop No.9, Municipal Complex,
Behind ‘E’ Seva Kendram, Old Bus-stand, Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
