Haryana

Bhiwani

CC/51/2021

Prithvi - Complainant(s)

Versus

Dhiman - Opp.Party(s)

Krishan Chander

06 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI

                                                                   Complaint Case No. :51

                                                                   Date of Institution    : 26.02.2021

                                                                   Date of Decision      : 06.04.2023

 

Prithvi Singh son of Sh. Raghbir Singh resident of Village Sui, Tehsil Bawani Khera and District Bhiwani.

                                                                                      …………...Complainant.

 

Versus

 

Dhiman Engineering & Fabrication Plot No. 13, Industrial Estate, Rajpura-140401(Punjab)

                                                                    ......................Opposite Party.

 

COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT.

 

Before: -      Mrs. Saroj Bala Bohra, Presiding Member.

                   Sh. D.M.Yadav, Member.

 

Present:       Sh. K.C.Sehwal, Advocate for the complainant.

                   Opposite party already exparte.

 

                                      ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER:

 

1.                Brief facts of the case, as per the complainant are that he was in need of shellar machinery that is a Paddy Husker and a Rice polisher and the opposite party manufactures these machines. The complainant contacted the opposite party telephonically to purchase the said machinery and after enquiry the opposite party told the complainant that he has two types of machines. One is having cost of Rs.1,05,000/- and the other is having cost of Rs.1,54,000/- including the delivery charges. Thereafter, complainant finalized the machine having cost of Rs.1,54,000/- and the opposite party agreed to supply this machine subject to made an advance payment. The complainant has deposited Rs.49,000/- as an advance in the account of opposite party on 19^th November 2019. It is further submitted that after a week the opposite party apprised the complainant on telephone that the machine is ready for dispatch and asked the complainant to deposit the remaining amount i.e. Rs.1,05,000/- in the account of the opposite party. The complainant deposited the remaining amount i.e.Rs.1,05,000/- in the account of the opposite party on 30^th November 2019. On receipt of the balance amount the opposite party dispatched the machines to the complainant through transport. When the complainant collected the machines and see the bills he had surprised to see that  the supplied machine was having cost of Rs.1,05,000/- and bill was also supplied for the same amount. After receiving the machine, the complainant contacted the opposite party telephonically and asked the reason for supplying lower quality machine. Opposite party replied that the excess amount i.e. Rs.49,000/- will be refunded to the complainant very soon. Thereafter complainant contacted the opposite party many times but they did not pay any heed towards the request of the complainant. Complainant also filed police complaint against the opposite party but police did not take any steps as conspire and made collusion with the opposite party. After that a legal notice No.341/LN/2020 dated 19^th September 2020 was also issued to the opposite party. As such, the act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence, this complaint and it is prayed that opposite party be directed to pay an amount of Rs.49,000/- alongwith interest 24% p.a. till the realization of the amount, Rs. 10,000/- on account of harassment and also to pay Rs.11,000/- as litigation charges to the complainant.

 2.               Notice of the present complaint was issued to the opposite party but the same did not receive back either served or unserved. But ld. Counsel for the complainant placed on record tracking report which reveals that the same stands delivered on 09.07.2022. None has appeared on behalf of opposite party. As such, opposite party was proceeded against exparte vide order dated 01.08.2022 of this Commission.

3.                Ld. Counsel for the complainant in his evidence has tendered documents Annexure C1 to Annexure C10 and closed his evidence vide his separate statement dated 07.09.2022.

4.                We have heard the learned counsel for both the parties and have gone through the case file minutely and carefully.

5.                In the present case, the grievance of the complainant is that he ordered a Rice Sheeler machinery with the opposite party for a sum of Rs.154000/- but the opposite party sent the low quality machine for an amount of Rs.105000/- and also issued the bill of the alleged amount whereas the complainant  had paid Rs.49000/- in advance to the opposite party. To prove the same the complainant has placed on record account statement Annexure C6 as per which an amount of Rs.105014/- he had deposited in the account of opposite party i.e. Dhiman Engineer.  As per hand written note made on the alleged statement, an amount of Rs.49000/- has also been transferred to the account of opposite party bearing no.917030022754619 through Axis Bank, Bhiwani vide transaction no.SAK155182699/402 dt.19.11.2019 Copy of police complaint Annexure C8, police report Annexure C9 & Annexure C10 are also placed on record. On the other hand opposite party did not appear despite service and as such it is presumed that opposite party has nothing to say in the matter and therefore, all the allegations leveled by the complainant against the opposite party regarding sending of low price machine stands proved. As such opposite party is liable to refund the amount of Rs.49000/- to the complainant.

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the amount of Rs.49000/-(Rupees forty nine thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 26.02.2021 till its realization and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

06.04.2023.

         

                                                (D.M.Yadav)        (Saroj Bala Bohra)

                                                            Member                    Member

                                                                                                District Consumer Disputes

                                                                                                Redressal Commission, Bhiwani

                                                                                                06.04.2023