West Bengal

Birbhum

CC/13/171

Director, - Complainant(s)

Versus

Director, Powerplus Technology(India) Pvt. Ltd., - Opp.Party(s)

Banibrata Chatterjee

04 Dec 2014

ORDER

J U D G E M E N T

The instant case has been filed U/s 12 of the C.P. Act, 1986 on 30.12.2013 by the complainant Birbhum Institute of Engineering and Technology, P.O. Suri, Dist. Birbhum represented by its Director against the O.P Powerplus Technology(India) Pvt. Ltd., ‘BISHRANTI’ P.77, Kalindi Housing Estate, 4^th floor, Kolkata . 700 089 represented by its Director.

Briefly stated the complainant’s case is that the complainant is the Director of the Birbhum Institute of Engineering and Technology situated at Suri within the jurisdiction of Forum. The O.P is a Company having order supply business and it undertakes to install VCB or other instruments at different places in lieu of money. The complainant was in need of 2(two) 11KV VCB of Siemens make for the benefit of students of the institution. As such, he contacted with the O.P for supplying and installing 2(Two)nos 11KV VCB in the college premises. The O.P sent quotation to the complainant on 25/05/2010 demanding an amount of Rs. 8,75,000. excluding taxes and other duties for the supply and installation of the above instruments. On receipt of such quotation the complainant issued work-order in favour of the O.P on 03/11/2010. On receipt of such work-order the O.P demanded a sum of Rs. 1,42,000/- as advanced money by dint of its Letter/Proforma Invoice No. PPTIPL.PI.012/10-11 dated 08/11/2010. Accordingly, the complainant paid the said amount of advanced money to the O.P through A/c payee cheque vide cheque No. 231289 dated 30/11/2010 of Allahabad Bank, Suri Branch. Thereafter, by a proforma invoice No. PPTIPL.PI.001/12,13 dated 18/06/2012 the O.P further demanded net amount of Rs. 7,93,014.02 from the complainant before the dispatch of the aforesaid 11KV VCB. Thereafter, the complainant paid the invoice amount of Rs. 7,93,014. to the O.P through A/c payee cheque vide cheque No. 004179 dated 28/07/2012 of Allahabad Bank, Suri Branch as per terms and condition of work-order. In all the complainant paid a sum of Rs. 9,35,014. to the O.P for the above purpose. Inspite of getting the aforesaid amount of money the O.P neither supplied nor installed the required 11KV VCB in the college premises. In this matter repeated requests and reminders were made but yielded no positive result. Such non-supply and non-installation of the required 11KV VCB amount to deficiency in service on the part of the O.P.

In the compelling circumstances the complainant has filed the instant case claiming some reliefs

mentioned in the petition of complaint.  This is in short the case of the complainant.

It appears from the record that after service of notice of this case upon the O.P, the O.P appeared before this Forum on 30/01/2013 and prayed for time for filing W.V. This Forum allowed the prayer of the O.P but subsequently, the O.P did not turn up to contest the case. As such, the instant case was heard ex-parte.

Points for Determination:-

1. Is there any deficiency in service on the part of the O.P?
2. Is the complainant entitled to relief/s as claimed?

Decision with reasons

Point No.s i)  ii):  Both the points are taken up together for consideration for the sake of brevity and convenience of discussion.

Perused the petition of complaint, oral as well as documentary evidence adduced by the complainant. On perusal of the same we find that by taking a total sum of Rs. 9,35,014. from the complainant the O.P neither supplied nor installed 2no.s 11KV VCB of Siemen make as promised. Non-supply and non-installation of the above instruments amount to deficiency in service on the part of the O.P. Therefore, we find that it is a clear cut case of deficiency in service on the part of the O.P. The case of the complainant is well proved by oral as well as documentary evidence adduced by the complainant. We find no reason to disbelieve the unchallenged evidence adduced by the complainant. Accordingly, we are of the view that in this particular case the complainant is entitled to get some reliefs. Thus, the point No.s i)  ii) are disposed of.

In the result, the instant case succeeds ex-parte but in part.

Proper fees have been paid.

Hence, it is

O R D E R E D

that C.F case No. 171/2013 be and the same is hereby allowed exparte against the O.P with cost but in part.

The O.P is directed to supply and install 2 No.s 11KV VCB in college premises i.e. in Birbhum Institute of Engineering and Technology, Suri, Birbhum in default he shall refund the money amounting to Rs. 9,35,014/- to the complainant along with interest thereon @ 10% p.a. from the date of filing of this case i.e. on and from 30/12/2013 till the date of realization within one month from the date of this order. The O.P is further directed to pay a sum of Rs. 5,000/- to the complainant as litigation cost within the period stated above. If the O.P fails to comply with the above order, the complainant would be at liberty to execute the above order through this Forum as per Law and Rules.

Having considered the facts and circumstances of the case we pass no order as to compensation. 

Let copies of the order be supplied free of cost to the parties under provision of Order 5 Rule 10 of the W.B C.P Rules 1987.