BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D.Chiranjeevi Babu
President.
Sri N.J.Mohan Rao,
Member.
AND
Smt. V.J. Praveena,
Member.
Friday the 30th May, 2008.
CONSUMER COMPLAINANT NO. 92/2007
Between:
Ch.Ekambaram,
S/o.Late Venkatanarsaiah,
Age: 52 yrs., Occu.;Business,
R/o.H.No.12-1-99,
Pinnavari Street,
Warangal District.
… Complainant
AND
Digital Shoppy,
A Division of Pratyankara
Electronics Pvt.Ltd., 1-8-58,
Opp.:Nakkalagutta Water Tank,
Hanamkonda,
Warangal District,
Rep.by its Managing Director.
… Opposite Party
Counsel for the Complainant : Sri R.Nagendra Chary, Advocate
Counsel for the Opposite Party : -- In Person --
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
:: ORDER ::
Sri D.Chiranjeevi Babu President
This is a complaint filed by the complainant i.e.Ch.Ekambaram, against the Opposite party under section 12 of Consumer Protection Act, 1986 for a direction to (a) Pass orders directing the opposite party to pay an amount of Rs.2,000/- to the complainant with interest @ 2% per month from the date of payment made by complainant i.e. 30-03-2006. (b) Direct the opposite party to pay damages for Rs.5,000/- to the complainant for the inconvenience and mental agony suffered by the complainant and also towards deficiency and negligence of service. (c) Award costs of this complaint and (d) Pass such other relief or relieves.
The brief averments contained in the complaint filed by the complainant are as follows:
01. The case of the complainant is that, the complainant approached the opposite party to purchase a fridge belongs to L.G. Company of Model LGGL244GP (Blue Colour). The opposite party promised to supply the said colour fridge within a one week, the complainant believed the opposite party and paid Rs.2,000/- towards advance amount and the opposite party issued a bill acknowledging the same and also accepted to receive the remaining balance amount of Rs.8,490/- on delivery of fridge. Many times the complainant approached the opposite party for supply of the above said fridge but in vain. The complainant got issued legal notice on 26-06-2007 demanding the opposite party to supply the fridge within 24 hours on receipt of the legal notice but the opposite party failed to comply the same. So the acts of opposite party amounts to deficiency of service.
Opposite Party filed the Written Version contending in brief as follows:
02. The opposite party argued that the complainant has paid an amount of Rs.2,000/- for purchase of L.G. Company of Model LGGL244GP (Blue Colour) but the same was not available with him and he has to intimation to the company and he promised him to get the same Fridge i.e. the reason they have not received within a week time. Thereafter the opposite party placed an order to L.G Company for supply of the above said product from L.G. they informed to the complainant but he did not respond the reasons best known to the complainant. After 10 days they have no other option except to liquidate the same avoid damage to the company. Inspite of repeated demands made by the opposite party the complainant neither willing to buy product nor taken back the money. Even after receiving the notice from this Forum the complainant not willing to take the demand draft. The opposite party request to this Forum dismiss the case.
03. The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-04. On behalf of opposite party filed his Affidavit in the form of chief examination.
04. Now the point for consideration whether the complainant is entitled to get an amount of Rs.2,000/- with interest @ 2% per month from the date of payment made by complainant i.e. 30-03-2006 and damages for Rs.5,000/- towards mental agony, costs of the complaint and any relief or relieves.
05. After arguments of the both side counsels, we come to conclusion that, it is true that the complainant has paid an amount of Rs.2,000/- to opposite party later the opposite party has not supplied the above mentioned fridge within one week. Thereafter the opposite party got the fridge and informed the same to the complainant but the complainant has not responded. Since the opposite party has stated that within stipulated time has not supplied because the Blue Colour Fridge not available in the company so it is not his error. Now it is the duty of the opposite party to return the amount to the complainant. Hence we direct the opposite party to pay an amount of Rs.2,000/- to the complainant interest @ 7.5% from the date of filing of the complaint (i.e.12-09-2007) till the realisation of the amount. Hence we answer this point in favour of the complainant against the opposite party.
POINT No.2 WHAT RELIEF:-
The first point is decided in favour of the complainant against the opposite party. This point is also decided in favour of the complainant against the opposite party and we direct the opposite party to pay an amount of Rs.2,000/- (Rupees Two Thousand Only) interest @ 7.5% from the date of filing of the complaint (i.e. 12-09-2007) till the realisation of an amount of Rs.2,000/- (Rupees Two Thousand Only). We award an amount of Rs.500/- (Rupees Five Hundred Only) towards costs and we are not awarding any damages.
A month’s time is granted to the opposite party to compliance of the order).
(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e. 30th May, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDNECE
WITNESSES EXAMINED
ON BEHALF OF COMPLAINANT ON BEHALF OF O.P.
Affidavit of Complainant Affidavit of Opposite Party
EXHIBITS MARKED
ON BEHALFOF COMPLAINANT
1. Ex.A-1 is the Original Invoice issued by the opposite party in favour of the complainant, dated 30-03-2006.
2. Ex.A-2 is the Office copy of Legal Notice issued by complainant, dated 26-06-2007.
3. Ex.A-3 is the Postal receipt Vide Receipt No.124.
4. Ex.A-4 is the Postal acknowledgement card, dated 26-06-2007.
ON BEHALF OF Opposite party
-- NIL --
Sd/-
PRESIDENT.
