Punjab

Rupnagar

CC/22/163

Karan Bhardwaj - Complainant(s)

Versus

Dewan Agriculture works - Opp.Party(s)

Sanjeev Soni Adv.

21 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

RUPNAGAR

Consumer Complaint No.        :163of 21.11.2022

             Date of Decision                     :21.04.2023

Karan Bhardwaj aged about 28 years son of Sh.Prem Kumar Resident of Village Jindwari, Tehsil Nangal, District Rupnagar.

                                                                                      ….Complainant

Versus

Dewan Agriculture Works GT Road, Sirhind District Fatehgarh Sahib through its Proprietor.

     …Opposite Party

Complaint under the Consumer Protection Act.

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.SanjeevSoni, Advocate

For OP                           :         Sh.N.S. Toor, Advocate

 

ORDER

PER  KULJIT SINGH, PRESIDENT

 

1. In the present complaint, the counsel for complainant has averred thatcomplainant is agriculturist by profession.  OP is manufacturing the self-driven and tractor driven harvester combine, straw Ripear, wheat Thresher, seed drill and rotavater and other agriculture equipments.  Complainant has approached the OP for purchase of self-driven combine Engine Leyland 400 model 401 modal tyre big size 18x4x30 Apollo Tyre Small 8x25 9x16 and OP told the price of combine is Rs.15,80,000/- and complainant become ready to purchase the same and then on 03.03.2021, OP given quotation/bill dated 03.03.2021 and at that complainant paid Rs.50,000/- cash and OP issued quotation/bill to complainant. OP assured the complainant that delivery of harvesting combine will be given to complainant upto 07.04.2021. On demand, complainant paid Rs.3,50,000/- to OP through RTGS on 04.03.2021.  Then, complainant has paid Rs.50,000/- through his commission agent namely Kulwinder Aarti on 24.03.2021.  He again paid Rs.7,50,000/- to OP through his cousin brother Pardeep Kumar who had obtained loan of Rs.7,50,000/- from Capital Small Bank, Rupnagar.  In this way, complainant has paid Rs.12,00,000/- to OP upto 31.03.2022 out of Rs.15,80,000/-.  But OP has not delivered combine machine to complainant and OP putting he matter on one pretext or the other.  In the month of April 2022, the complainant has again requested the OP to deliver the combine machine but OP told the complainant that combine machine is not ready and same will be ready within 5 months and after that on 10.09.2022 the complainant visit to workshop of OP and asked the delivery of combine, but OP told that combine machine is not ready and OP demanded more money from complainant and on 14.09.2022, complainant has transferred amount of Rs.50,000/- through google pay to OP and on 15.09.2022 the complainant has transferred amount of Rs.10,000/- to OP through google pay and on 20.09.2022, complainant transferred Rs.33,000/- to OP and in last, on 09.10.2022, the complainant has transferred the amount of Rs.31,000/- to account of OP i.e. Rs.20,000/- through Google pay and Rs.11,000/- in cash and in this way, OP has received Rs.13,24,000/- out of Rs.15,80,000/-.  Only Rs.2,56,000/- are to be paid by complainant to OP.  Till so for the OP has not delivered the combine machine to complainant.Complainant is an agricultural by profession and he used to harvest the crops and earns Rs.5 lacs per season and complainant had approached the OP in the month of March 2021 for harvesting the crops but due to negligency of OP the complainant has suffered loss of four seasons till today and in this way complainant has suffered loss to the tune of Rs.20 Lacs.The complainant paid Rs.30000/- to operator in advance for operating the combine machine of complainant.  OP has assured the complainant that they will deliver the combine machine and on assurance of OP complainant has been paying Rs.30,000/- in advance to operator for operating his machine and in this way complainant has paid Rs.1,20,000/- to the operator due to false assurance given by OP.  Complainant has visited the OP more than 30 times for taking delivery of combine machine and complainant was paying Rs.3000/- to taxi and this way, complainant had paid Rs.90,000/- on taxi fares but every time OP linger the matter and has not delivery of combine machine.  However, complainant is ready to get delivery of combine machine after paying remaining amount of Rs.2,56,000/- to OP.  Lastly, prayer has been made that the OP be directed to pay Rs.2 Lacs for unnecessarily harassment and to pay Rs.20 Lacs as compensation of every harvesting season, Rs.1,20,000/- given to operator, Rs.90,000/- as taxi fares, Rs.5 Lacs for harassment, Rs.50,000/- litigation expenses, Rs.1,00,000/- as other expenses alongwith interest @ 24% PA till its realization. Pay the amount deposited by complainant alongwith interest @24% PA.
2. OPhas appeared through counsel and contested the complaint by submitted that complainant is not agriculturist by profession and he is used to purchase combine machines for commercial purpose and not for his personal use and as such complaint is not maintainable; complainant has approached the OP for purchase of self driven combine engine Leyland 400 model 401, modal tyre big size 18x4x30 Apollo tyre small 8 x 25 9 x 16 and told the complainant that the price of combine is Rs.15,80,000/- and complainant became ready to purchase the same and then on 03.03.2021, quotation dated 03.03.2021 was given to complainant and Rs.50,000/- in cash was received by OP as advance; it was agreed that complainant will pay the whole price before delivery of combine machine and as per oral agreement, the machine was prepared as per order of complainant and sale of machine was not on credit basis and it was agreed between the parties that as soon as complainant will pay the price of combine machine, as soon as the machine will be delivered by OP to complainant.  The said machine was prepared as per order from very beginning and the said machine is still ready and OP is always ready to deliver the machine to complainant but on the condition of full and final payment of said machine.  The complainant has totally failed to arrange the sale price of said machine within a reasonable time. The complainant has been paying the sale price of said machine in installments by arranging the money from different persons and complainant is unable to pay the remaining amount of said machine as Rs.2,56,000/- is still due towards the complainant and many times, OP has requested the complainant to pay the remaining amount and take the delivery of said machine but every time complainant put off the matter on the one pretext to other  as he is unable to arrange the remaining sale price of machine and as per sale of goods act, unpaid seller has a right to forfeit the amount paid by complainant, if he does not take the delivery of said machine by paying the remaining amount within a reasonable time.  Apart from that Op has been caring and maintaining the machine from the date of its preparation and bearing its storage and maintenance charges only due to fault of complainant.  Complainant need not to approach the court rather he should have visited the OP office alongwith remaining amount of said machine for taking the delivery of said machine as the OP is always ready to deliver the said machine to complainant but the complainant is not ready to take delivery of said machine by paying the remaining amount. It is admitted that Op has demanded more money from complainant and then on 04.03.2021, complainant paid Rs.3,50,000/-, and then paid Rs.50,000/-, on 24.03.2021, complainant again paid Rs.7,50,000/- to Op, and upto 31.03.2022, complainant has paid Rs.12,00,000/- out ofRs.15,80,000/-. Op has also admitted that Op has received Rs.13,24,000/- out of Rs.15,80,000/-.  Complainant never requested the OP to deliver the combine machine and Op never told complainant that combine machine is not ready and same will be ready within 5 months and after that on 10.09.2022 complainant never visited the OP.  Other averments of complaint are denied and prayed for dismissal of complaint with costs.
3. In order to prove their respective versions, both the parties produced on the file their respective documents.
4. We have heard learned the parties with their valuable assistance and have also gone through the record carefully.
5. This is an admitted fact that the Op has received the most of amount qua sale of combine machine.It was also noted from the record that the OP has received a total payment of Rs .13,24,000/- against total payment of Rs. 15,00,000/-. So OP has submitted that once the balance payment of Rs 2,56,000/- is made by the complainant , immediately the combine harvesting machine will be handed over to the complainant .Op Further pleaded that  out of Rs . 13,24,000/- , Rs 7,50,000/- has been paid by the cousin brother of complainant i.e Sh. Pardeep Kumar  S/O Rajesh Kumar resident of Kotla power House Tehsil anandpur Sahib , District Rupnagar , Who has obtained the loan of Rs.7,50,000 from capital small bank Beant Singh Aman Nagar  , Near Bela chowk Rupnagar.
6. We may note that Counsel for the  OP further submitted that his client has intimated him he received a telephone call from Pardeep Kumar , Who has made the payment of Rs 7,50,000/-  in lieu of combine  in question, who told my client that he (Pardeep Kumar) entitled to get the delivery of the machine as he has made the payment of Rs.7,50,000/- . In view of this statement of the OP complainant made a statement Which is  as under:-

“Stated that complainant has paid the Rs.7,50,000/- exhibit – C4 to the OP through his cousin brother Pardeep Kumar S/O Rajesh Kumar resident ofvillage Kotla Power house Tehsil Anandpur Sahib District Rupnagar. Who has obtained the loan of Rs.7,50,000 from capital small bank. In case Said Pardeep kumar claim Rs.7,50,000/- or delivery of machine then complainant will be responsible for the same.”

7.  

8. As per version of the parties, the complainant is ready to take the delivery of combine machine after making remaining payment of the combine machine in dispute.  The Op also submitted and argued that combine machine is ready for delivery after receipt of remaining outstanding amount from complainant. OP has  also submitted that the complainant is not a agriculturist by profession and he used to purchase combine machine for commercial purpose as such complaint is not maintainable. The complainant neither rebutt this statement of the OP, nor placed any document on record regarding that.
9. By taking lenient view, the complaint is disposed of with the direction to complainant to take the deliver the combine machine in dispute after paying remaining amount of sale price i.e Rs.2,56,000/- as agreed between the parties within one week. Further, OP is directed to deliver combine machine immediately on  receipt of remaining sale consideration as agreed. 
10. Parties are directed to comply with the order from the receipt of certified copies of this order.
11. Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to record room.

Dated:21.04.2023

                   

 

         

                                                    (Ramesh Kumar Gupta)                  (Kuljit Singh)                                                                                                                                                     Member                                    President