BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL

Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,

And

Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Thursday the 18^th day of December, 2014

C.C.No.113/2014

Between:

Sandadi Sudhakar,

S/o Late S.Sunki Reddy,

Aged 52 Years,

H.No.46/489/B, Near Lakshminivas,

Budhawarpet, Kurnool-518 002.                                   …Complainant

-Vs-

1.       Eureka Forbes Limited,

          Represented by its Manager,

          B1/B2, 701, 7^th Floor, Marathon-NextGen,

          Marathon Innova, Off Ganpatrao Kadam Marg,

          Lower Parel, Mumbai-400 013.

2.       Eureka Forbes Limited,

          Represented by its Manager,

          H.No.46/88/B1, Sreenivasa Nagar,

          Kurnool-518 004.                              …OPPOSITE PARTies

This complaint is coming on this day for orders in the presence of Sri.P.Siva Sudarshan, Advocate for complainant and opposite parties 1 and 2 called absent and set exparte and upon perusing the material papers on record, the Forum made the following.

                                           ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)

                                           C.C. No.113/2014

1.       This complaint is filed under section 11 and 12 of Consumer Protection Act, 1986 praying:-

(a)To supply the Vaccum Cleaner to complainant immediately.

(b)To grant a sum of Rs.10,000/- towards mental agony.

(c)To grant the cost of the complaint.

(d)To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.

2.    The brief facts of the complaint are as follows:-  The complainant attracted the advertisement of opposite parties and gave order to purchase Eureka Forbe Vaccum Cleaner.  Accordingly he paid advance of Rs.3,000/- to opposite party No.2 on 07-06-2011 i.e., 1/3 of the total amount.  Opposite party No.2 issued acknowledgement receipt No.004673 for the same.  The complainant contacted several times personally and on telephone, by requesting him to supply the said machine, but the opposite parties did not supply, finally the complainant got issued legal notice to opposite parties, it was served on them.  The opposite parties did not respond.  The opposite parties collecting the amounts from innocent customers with false advertisement, it is unfair trade practice. Due to the negligent attitude to opposite parties, the complainant suffered mental agony.  Hence this complaint.

3.       Inspite of notices served on them they did not neither appear nor filed any written version on behalf of them.

4.       On behalf of the complainant Ex.A1 to Ex.A3 are marked and sworn affidavit of the complainant is filed.

5.       Complainant filed Written Arguments.

6.       Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of opposite parties?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS I and ii:- The complainant in his sworn affidavit stated that the complainant gave order to purchase Eureka Forbe Vaccum Cleaner by paying to opposite party No.2 advance amount of Rs.3,000/-, 1/3 of total amount.  The opposite party No.2 issued receipt No.004673 for the said amount, it is marked as Ex.A1, though the complainant requested to opposite party No.2 to supply the said machine but he did not supply the same.  As there was no alternative the complainant got issued legal notice dated 02-07-2012 to opposite party No.1 to sent the Vaccum Cleaner which was order by the complainant, it is marked as Ex.A2 it was acknowledged by opposite party No.1, which is marked as Ex.A3.  But opposite party No.1 also did not respond either to supply the Vaccum Cleaner or to give reply to the said notice.  The learned counsel appearing for the complainant argued that the opposite parties collected the advance amount from the complainant with false advertisement in news papers, they did not supply the said Vaccum Cleaner, it amounts to unfair trade practice and deficiency of service on the part of opposite parities and they caused lot of mental agony and hardship to the complainant.  There is no contrary evidence on record, the facts stated in the complaint and sworn affidavit of complainant are presumed to be admitted.  As per Ex.A1 dated 04-06-2011, it is evident that the complainant has paid advance amount of Rs.3,000/- to opposite party No.2 for purchase of Vaccum Cleaner and opposite party No.2 issued the receipt for the same.  As the opposite party No.2 did not supply the said machine, the complainant got issued legal notice (Ex.A2) to opposite party No.1 by requesting him to supply the said Vaccum Cleaner, even though he received the notice under (Ex.A3) on 07-07-2012.   Opposite party No.1 also did not respond either to supply it or give reply to the said notice.  We perused all the material available on record we hold a view that there is a deficiency of service on the part of opposite parties and due to the negligent attitude of opposite parties cause mental agony to the complainant.  Hence the complainant is entitled for the amount of Rs.3,000/- which was collected by the opposite parties from the complainant.

8.      POINT No.iii:- The complainant claimed Rs.10,000/- for causing mental agony is excessive.  Basing on the facts and circumstances we directing the opposite parties to return the advance amount of Rs.3,000/- with 9% interest from the date of collection on 04-06-2011 to date of realization and further direct to pay compensation of Rs.2,000/- towards mental agony and Rs.1,000/- as the costs of the case.

9.       In the result, the complaint is partly allowed directing the opposite parties jointly and severally to pay Rs.3,000/- with interest at 9% interest and further directed to pay compensation of Rs.2,000/- towards mental agony and Rs.1,000/- as costs of the case.  The time for compliance is one month from the date of receipt of this order. 

          Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 18^th day of December, 2014.

        Sd/-                                                                                           Sd/-

LADY MEMBER                                                                          PRESIDENT

APPENDIX OF EVIDENCE 

   Witnesses Examined

For the complainant : Nil                     For the opposite parties : Nil

List of exhibits marked for the complainant:-

Ex.A1          Receipt No.004673 issued by the opposite party No.2 dated

04-06-2011.

Ex.A2          Office copy of Legal Notice dated 02-07-2012.

Ex.A3          Postal Acknowledgement.

List of exhibits marked for the opposite parties:- Nil

        Sd/-                                                                                           Sd/-

LADY MEMBER                                                                          PRESIDENT

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