BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KAMRUP, GUWAHATI
C.C.No- 106/14
Present:
1)Md.Sahadat Hussain, A.J.S. - President
2)Smt. Archana Deka Lahkar. - Member
3)Sri Jamatul Islam - Member
Abul Bashar @ Abdul Basher -Petitioner
Proprietor of RS Babu Enterprise
S/O Late Abubakkar Siddique
R/O Goroimari Satra
P.O.Tukrapara, PIN-781137
Dist: Kamrup, (R), Assam
-Vs-
1. Euro Pigments (AP)LTD - Opp. party
Corporate Office –Bhavya’s Sree
Arcade Opp-Telephone Exchange,
Erragada, Hyderabad-18
Police Station-Sanjeeva Reddy Nagar,
Contact No.-040-65894375, 23817715
Telengana
2. Srimanta Hazarika
Area Manager ,Euro Pigments (AP)LTD
S/O Shyamanta Kr.Borah
R/O Janakpur, Kahilipara
PIN -781019
P.S.Dispur
Dist: Kamrup, (R), Assam
3) Prasanta Kr.Sarma
(Senior Sales Manager,
Euro Pigments (AP)LTD
S/O –Late Rabindra Nath Sharma
R/O –Vill Kumarbori
P.O. –Killing Vally
PIN-782410. Dist: Morigaon, Assam
Appearance:
Ld.advocate A.W.Aman for the complainant .
Date of argument- 22.2.2018
Date of judgment- 8.3.2018
EXPARTE JUDGMENT
This is a complaint u/s 12 of the consumer Protection Act,1986.
1) The complaint filed by Abdul Bashar alias Abdul Basher against Euro Pigments (AP) Ltd., Hydarabad -18, (Telengna ) and 2 others was admitted on 14.11.14 and notices were served on all the opp.parties and accordingly Opp.Party No.3 filed written statement but thereafter none of the opp.parties contested the proceeding and hence vide this Forum’s order dtd. 19.6.16 it is directed that , the case against all the opp.parties will proceed on ex-parte .Thereafter the complainant filed the evidence on affidavit on 30.8.16 and also filed additional evidence on affidavit on 1.6.17. Thereafter Ld.advocate Mr.A.W.Aman filed written argument for the complainant on 19.7.17 and forwarded his written argument on 22.2.18 and today we deliver the judgment which is as below.
2) The complainant, who is the proprietor of R.S.Babu Enterprise, Goroimari Satra,, District ,Kamrup (Rural) made an order with Opp.Party No.1 for purchasing paints worth of Rs.2,00,000/- (two lakhs) and he deposited Rs.2,00,000/- (two lakhs) at their bank in three installments . On 28.2.19 an amount of Rs.50,000/- was transferred to the A/C No. of Opp.Party No.1 vide A/C No. 326977022533 (State Bank of India) from A/C No. 31040876659 (SBI) which is in the name of his nephew Md.Sahidul Islam, the proprietor of “Shahid Communication” and a cheque of Rs.50,000/- vide cheque No. 194951 issued to the Opp.Party No.1 and subsequently that amount was transferred to the a/c of the Opp.Party No.1 ; thereafter on 22.3.2013 another amount of Rs.50,000/- was transferred to the A/C of the Opp.Party No.1 in the said account from the a/c No. 31040876659 (SBI) which is in the name of Shahidul Islam; and subsequently a cheque of Rs.50,000/- vide cheque No. 194952 was transferred to the a/c of Opp.Party No.1 ; and thereafter on 3.4.13 Rs.1,00,000/- transferred to the said a/c of Opp.Party No.1 from the a/c No.30469981611 (SBI) which is in his name; and thereafter a cheque of Rs. 1,00,000/- vide cheque No. 176855 was transferred to the said a/c of Opp.Party No.1 on 29.3.13 . On 16.9.2013 he received PRIMER and not PAINTS as ordered by him and more over the PRIMER was worth Rs.2,11,112/- only and invoice was handed over to him and he refused to receive the product but the distributor who is known as CNF of Opp.Party No.1 told him that the complainant has no way but to receive the product and he then approached Opp.Party No.2 and Opp.Party No.3 who consoled him saying that they will help him to find customers for the product and ensured him that all the product will be sold within a short period of time and there by requested him to receive the product and then he received the product and took them to his home. The products were kept for finding customers by Opp.Party No.2 and Opp.Party No.3 and after a period of one month to check he found that the expiry date of all products are over and containers of most of the products are in damage and in bad condition; and manufacturing dates are Feb.2012 and March 2012 with validity for 12 months only. He received the product on 16.9.13 i.e. 6-7 months after expiry date was over. Then he reported the matter to Opp.Party No.2 and 3 over phone and met them personally also to get response but finding no response he sent a legal notice to Opp.Party No.1 on 30.5.14 but it was returned with report that opposite parties have vacated the office premises by then and he then contacted other opposite parties, but failed to contact Opp.Party No.1 . So he prays for directing the opp.paties to refund Rs.2,00,000/- which he had paid for purchase of paints with interest @18% p.a. and damage of Rs.40,000/- for causing harassment as well as cost of the proceeding.
3) We have perused the pleadings as well as evidence of the complainant We have found that the complainant vide cheque No. 194951 dtd. 22.2.13 sent Rs.50,000/- to Opp.Party No.1 from the a/c No. 31040876659 (SBI) belong to his nephew Shahidul Islam and thereafter he sent Rs.50,000/- through transfer to the Opp.Party No.1 in their a/c No.326977022539 (SBI) from the a/c No.3104876659 which is in the name of Shahidul Islam. It is also found that the complainant vide cheque No. 194952 transferred Rs.50,000/- to the A/C of the Opp.Party No.1 and on 3/4/13 transferred Rs.100,000/- to the A/C of the Opp.Party No.1 in their A/C No. 326977022533 from the A/C No. 30469981611 (SBI) and also sent Rs.1,00,000/- to them on 29.3.13 vide cheque No.176855. In total the complainant paid Rs.4,00,000/- to Opp.Party No.1 as price of Paints he ordered for supply by Opp.Party No.1 .
4) We have perused statement of the complainant, where he says that he paid Rs.4,00,000/- in total to Opp.Party No.1 for supplying Paints and he received cans of Primer instead of Paints on 16.9.19 alongwith a invoice No. 800250/102/002/13-14 dtd. 16.9.13 (Ex.3). After perusing the Ex.3 we have found that the said invoice of sending Primers to the complainant by Opp.Party No.1 (Ex.3) fully supports the statement of the complainant as to supply of Primer instead of paints. The complainant further states in his evidence that he had placed order to Opp.Party No.1 for supplying paints of worth of Rs.2,00,000/- . We believe this statement of his having it is supported by affidavit. Therefore, it is establish that the complainant had placed an order to the Opp.Party No.1 for supplying paints of worth of Rs.2,00,000/-, but Opp.Party No.1 sent primer of worth of Rs.2,11,112/- instead of paints, which he had ordered. His version that when he refused the consignment of primers, then Opp.Party No.2 & 3 persuaded him to receive the consignment giving assurance to him that, they will ensure sale of those primers within a reasonable period , but they failed to do so, is also a believable statement which shows that on persuation of Opp.Party No.2 and 3, the complainants received the said consignment of primers sent by Opp.Party No.1 and till date he and Opp.Party No.2 and 3 failed to get customer of the primers.
5) The complainants another plea is that while he opened the packets of the consignment he found the validity of the primers had already lapsed and some of the cans were in damage condition. To establish his statement, the complainant produce all the cans before this Forum as material exhibits by filing additional evidence. We have tabled the additional affidavit and all the cans –material Ex.No.1 to material Ex.148 and found that all the cans are containing primer and also in properly croked and sealed condition. Thus, it is establish that the 148 cans which are exhibited by the complainant are containing primer and manufacturing date of most of the cans of the month of Feb/March of 2012. From evidence it is already found that the complainant received the product on 16.9.13 and those were also sent to him vide invoice dtd. 16.9.2013 which proved that the products were delivered to the complainant by the Opp.Party No.1 through Opp.Party No.2 and 3 after lapse of validity of the products.
Thus , it is a clear case of deception and fraud applied by opp.parties against the complainant and hence opp.parties are liable to refund the value of said primer which is Rs.2,00,000/- according to the complainant, with interest @ 12% per annum from date of delivery (16.9.2013).
For applying such deception and fraud upon the complainant by the opp.parties , he has to suffer business loss. Therefore, we are of opinion that opp.parties are liable to pay him atleast Rs.30,000/- for causing loss of business to him.
It is also found that by applying such fraud and deception, the opp.parties cause harassment to the complainant and also put him in mental agony and so, in our opinion, they are liable to pay him Rs.20,000/- as compensation.
For no fault of him, the complainant had to prosecute the opp.parties before this forum bearing a handsome amount as cost of proceedings and so in our opinion opp.parties are liable to pay him another amount of Rs.10,000/- as cost of proceeding.
6) Because of what has been discussed as above we hold that , the complainant has a prima-facie case against the opp.partis and he has also succeeded to prove his case before this Forum. Therefore, the complainant against Euro Pigment (AP) limited, Hyderabad -18 (Telengana) Opp.Party No.1, Srimanta Hazarika, Area Manager of Opp.Party No.1(Opp.Party No.2 ) and (Opp.Party No.3) Shri Prasanta Kr.Sarmah(Sr.Sales Managers of Opp.Party No.1 ) is allowed on exparte and they are directed to refund the value of primer which is Rs. 2,00,000/- which , had been paid to Opp.Party No.1 by the complainant at the time of placing the order for supplying paints with interest @ 12% p.a. and also to pay him Rs.20,000/- as compensation for causing loss of business to him, Rs.20,000/- as compensation for causing harassment and mental agony to him as well as Rs.10,000/- as cost of proceeding, to-which, all three opp.parties are jointly and severally liable, and directed to pay the awarded amount within forty five days, in default, other three amounts shall also carry interest in the same rate .
Given under our hands and seals on this day 8th March, 2018.
(Smt .A.D.Lahkar) (Sri Jamatul Islam) (Md.S.Hussain)
Member Member President
