Sri.Siddegowda, President 1. This complaint is filed against the Opposite party for refund of Rs.50,000/- with interest and compensation. 2. The case of the complaint is that, the complainant placed order for supply of Ultra Sound Unit Model LOGIQ 100 PRO with Convex Probe, after discussion with the Opposite party and as per the quotation issued for Rs.3,25,000/-, the complainant gave consent letter along with cheque dated 15.12.2006 drawn on Canara Bank, Mandya for Rs.50,000/-. The complainant had agreed to pay the remaining value of the said machine at the time of its installation to the Hospital of the complainant at Mandya. Due to some reasons, the order placed by the complainant for the said machine was taken back and same was intimated to the Opposite party. Accordingly, the said consent letter/requisition of the complainant has been cancelled by a mutual agreement between the parties and hence, the order placed for installation of the machine has been cancelled. After cancellation of the said order, the complainant requested for refund of the advance amount of Rs.50,000/-, but the Opposite party did not come forward and in this regard the complainant wrote letters dated 16.03.2006, 10.04.2006 and 16.12.2006 demanding the refund of Rs.50,000/-. Even through telephone he contacted, but Opposite party did not respond. Therefore, legal notice dated 18.01.2007 was issued to the Opposite party to refund the amount with interest at 12%. In spite of acknowledgment of the notice, the Opposite party has not replied nor made payment. Therefore, the Opposite party has committed deficiency in service and the complainant was put to mental strain and agony. Again legal notice dated 10.04.2008 was issued, but there is no response. Therefore, the present complaint is filed for refund of amount with interest and compensation of Rs.25,000/- for mental agony with cost. 3. The Opposite party was served with notice, but the Opposite party has remained absent and he was placed exparte. 4. The complainant has filed affidavit and documents Ex.C.1 to C.4. 5. We have heard both sides. 6. Now the points that arise for our considerations are:- 1) Whether the Opposite party has committed deficiency in service? 2) Whether the complainant is entitled to the amount claimed? 3) What order? 7. Our findings and reasons are as here under:- REASONS 8. POINTS No.1 & 2:- The case of the complaint that he placed order for supply of Ultra Sound Machine worth of Rs.3,25,000/- from the Opposite party is proved by Ex.C.1 quotation issued by the Opposite party, and the payment of Rs.50,000/- to the Opposite party for supply of the said machine is supported by the pass book entry as per Ex.C.2. Ex.C.2 proves that under cheque No.746460 for Rs.50,000/- drawn on Canara Bank has been encashed by the Opposite party on 25.02.2006. The complainant has written letter on 16.03.2006 intimating the Opposite party that due to financial problem he was not in a position to purchase the scanning machine and sought for refund of the advance amount. Again on 10.04.2006 and 16.12.2006 he has written said letters. Thereafter, the complainant got issued a legal notice dated 12.01.2007 specifically stating that it was negotiated that the machine need not be supplied and accordingly the said requisition has been cancelled by agreement of complainant and Opposite party and requested for refund of Rs.50,000/- and in spite of this letter, the Opposite party has not refunded and hence sought for refund of the amount with interest at 12%. The said notice served on Opposite party as per postal acknowledgement Ex.C.3(a) and again another legal notice dated 10.04.2008 as per Ex.C.4 was issued and served on Opposite party as per Ex.C.4(a) postal acknowledgement, but there is no reply at all by the Opposite party to the letters and legal notices. 9. It can be hold that the complainant is a Consumer of Opposite party, because Opposite party had agreed to supply the scanning machine as per the quotation Ex.C.1 to the complainant and in that regard, the complainant paid advance amount of Rs.50,000/- by means of a cheque drawn on Canara Bank in favour of the Opposite party and it was encashed. As per the quotation Ex.C.1 dated 03.01.2006, the warranty period is one year from the date of delivery and as per the evidence of the complainant that the balance amount is to be paid after installation of the machine in the hospital of the complainant at Mandya. The evidence of the complainant has remained unchallenged. So part of cause of action has arisen at Mandya and hence this Forum has jurisdiction to entertain the complaint. 10. The question is whether the complainant is entitled to refund of the advance amount of Rs.50,000/- paid to the Opposite party. Admittedly, the said machine was not supplied and installed to the hospital of the complainant. The Opposite party has not come forward as to whether the conditions of the supply gives right to the Opposite party to forfeit the advance amount, if the supply order is cancelled by the complainant. The letters of the complainant and legal notice about the cancellation of the agreement for supply is not at all denied by the Opposite party. When the Opposite party has not at all reply to the letters and legal notice to the complainant, it proves the agreement between the parties as mentioned in the complaint and therefore, the non-refund of the advance amount clearly amounts to deficiency in service. 11. The complainant had sought for the refund of the advance amount of Rs.50,000/- with interest at 12% p.a. from 15.02.2006 up to date of complaint amounting to Rs.13,500/- and compensation of Rs.50,000/- for causing harassment, mental agony etc. and legal notice charges of Rs.1,000/-. Since, the Opposite party has not refused to pay the advance amount in writing, the complainant is entitled to the refund amount with interest. Though the complainant has sought for Rs.25,000/- towards the mental agony and harassment, but when the complainant is claiming interest, award of compensation is not required in this case, because the Opposite party has not failed to supply the machine as per the orders and harassed the complainant. 12. In the result, we proceed to pass the following order; ORDER The complaint is allowed partly exparte against the Opposite party directing to refund Rs.50,000/- with interest of Rs.13,500/- with cost of Rs.1,000/- to the complainant within six weeks. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 11th day of August 2008). (PRESIDENT) (MEMBER) (MEMBER) ctj
