Adv. For the Complainant: - Sri A.K.Mishra, Sri S. Mishra & others
Adv. For O.P:- Sri D.Pradhan & others
Date of filing of the Case :-13.08.2020
Date of Order :- 12.01.2023
JUDGEMENT
Smt. Jyotsna Rani Mishra, Member
Facts of the case in nutshell:-
Complainant is a farmer. He used to do agricultural works and earns his livelihood and maintain his family from agricultural income. Complainant is also the owner of a registered proprietorship firm namely Pradhan Agro Engg. which situated in Industrial Estate , Bolangir and OP is the Chief Executive Officer of OSAKA international in based in Gurgaon. Haryana which deals with sales and service of agricultural machineries. In order to increase his income and farm production from his forming purchased 2 combine harvesters from the OP by paying full consideration amount of Rs 27,00,000/-(Twenty Seven lakh) in advance by way of transferring amount from his firm’s account i.e Pradhan Agro Engg with AC. No. 005613100004528 Andhra Bank, Bolangir Branch to the Company of the OP i.e OSAKA INTERNATIONAL INC. vide AC No. 30919515528 , SBI south city Branch -2 Gurgaon -122016 i.e on three separate occasions Rs.15,00,000/-(Fifteen Lakh)only on dated 10/02/20 Rs.7,00,000/-(Seven Lakh)only on dt. 24/06/20and Rs.5,00,000/- (Five Lakh)only on date. 29/04/20.
The two combine harvesters purchased , the complainant took delivery of one harvester on Date 13/06/2020 but was shocked to discover the another one with invoice no 53/05/20199-20 dt. 30/04/20 with model No. OS-4LZ-70 to be defective and such did not take delivery of the same. The cost of defective harvester which the complainant was supposed to take delivery is Rs 16,00,000/-(Sixteen lakh) which had been paid in advance as stated earlier.
After knowing about defective harvester , immediately contacted and informed the OP about same who admitted the same to be true and promised the complainant to take the same back and deliver a new one immediately , in case fails to deliver a new one, he would refund the total amount . OP took back the defective harvester after some days on the pretext of delivering a new harvester and/ or to refund paid amount Rs 16,00,000/- (Sixteen Lakh).
OP After taking back the defective harvester remained silent for long time . Complainant tried to contact the OP through emails and phone many times to get new harvester or to get refund but the OP on some pretext or other differed the matter initially and finally ignored the calls of the complainant and even did not reply his mails.
To substantiate his case, the complainant relied on following document-
1 . Invoice copy 1
2 . Bank Statement.
- E way bill of
The reason cited by OP that complainant is wrong and denied in all aspect that complainant malafidely and ill intent to extort money from the OP.
In view of above in details I feel and observed that complainant deposited total amount of Rs 27,00,000/- ( Twenty seven Lakhs) in three separate occasion for combine harvester. The cost of defective harvester which complainant supposed to take delivery is Rs 16,00,000/-(Sixteen Lakh) which had been paid in advance . So OP is entitled to return his rest amount of money with interest which is deposited by complainant. Due to the deficiency in the sales and service of the OP, OP is liable to compensate to the complainant . Hence ordered.
ORDER
The OP is directed to pay sum of Rs 11,00,000/- (Eleven Lakhs) with 6 % interest from the filing of the case. I further directed to pay sum of Rs.30,000/- towards mental torture and agony and Rs.3000/- towards litigation expenses within one month from the date of receipt of his order, failing which the OP is directed to pay the entire amount @9% per annum from the date of delivery of defective harvester till realization . There shall be no order as to cost .
Accordingly the case is disposed off.
PRONOUNCED IN THE OPEN COMMISSION TO-DAY 12th day of January‘2023
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(R.K.TRIPATHY) (J.MISHRA)
PRESIDENT(I/C) MEMBER
