BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.239 of 2022
Date of Instt. 15.07.2022
Date of Decision: 05.01.2023
Sh. Sukhwinder Singh aged about 56 years R/o 10-SF, Saraswati Vihar Kapurthala Road, Jalandhar City.
..........Complainant
Versus
Ganpati Concept Design, Adda Basti Road, Near Raja Hospital, Football Chowk, Jalandhar City Pb (India). Through its Managing Director/Prop/Partner Rohit Joshi
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Sanjeev Chopra, Adv. Counsel for the Complainant.
OP exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is constructing his new house at Maharaja Ranjeet Singh Avenue, Jalandhar. In the month of October, 2020, the complainant came in contact with the OPs as he required total 12 AC units. The OP duly authorized person Saloni issued a quotation dated 26.10.2020 of Ductable and Split AC units to be supplied by OP. The said quotation was regarding supply of indoor unit of 6 HP/4 Units, 3.0 TR (4.0 HP)/2 units, 3.0 TR (4.0 HP)/2 units, 4.0 TR (5.0 HP)/1 units, 2.0 TR (2.5 HP)/1 unit, 4.0 TR (5.0 HP)/1 unit, 2.0 TR (2.5 HP)/1 unit. In this manner the OP quoted to supply total 12 units to complainant. With regard to supply of above said 12 units of Ductable and Split AC the OP received Rs.3,94,240/- from complainant on 26.10.2020 by way of cheque no.473223 drawn on State Bank of India, New Grain Market, Jalandhar duly encashed by OP. Against the payment of Rs.3,94,240/- duly received by OP from complainant, the OP supplied 4HP (3.2 TR)/1 unit, 2.5 HP/2 units, 4HP (3.2 TR)/1 unit and 5.0 HP (4.0 TR)/1 unit for the value of Rs.49,920/-, Rs.84,480/- and Rs.10,460/- and total amounting to Rs.2,39,360/-. The OP received Rs.3,94,240/- from complainant and supplied the units of worth Rs.2,39,360/- and the OP has retained illegally the balance amount of Rs.1,54,880/- of complainant with them. The complainant requested to OP number of times either to supply the remaining units or refund his amount of Rs.1,54,880/- but the OP is making lame excuses every times and has done nothing in this regard till today. The complainant is no more interested to purchase more units/goods from the OP as they proved to be deficient in providing services and the OP has adopted unfair trade practices and they have tried to misappropriate the lawful amount of complainant instead of supplying the goods, which is illegal on the face of it. The complainant also suffered lot of mental agony due to illegal acts of the OP. The complainant also served a legal notice dated 24.01.2022 upon the OP, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to refund Rs.1,54,880/- to complainant alongwith interest @ 12% per annum from 26.10.2020. Further, OP be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.22,000/- as litigation expenses.
2. Notice of the complaint was given to the OP, but despite service the OP did not appear and ultimately, the OP was proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant produced on the file his respective evidence by way of affidavit.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. As per complaint, the complainant was in need of 12 AC units for his new house. The complainant contacted the OP for purchase of above units and obtained the quotation (Ex.C-2), which was for four outdoor units of 6 H.P. for Rs.6,14,400/- and 8 indoor units of various sizes for Rs.3,94,240/-. Against this quotation, the complainant issued chque no.473223 for Rs.3,94,240/- to the OP for purchasing of 8 indoor units of various sizes. The cheque was got encashed by the OP from the bank account of the complainant on 26.10.2020. Statement of account of the complainant is attached Ex.C-3. Against the order of 8 indoor units the OP supplied 5 indoor units only and did not supply the balance 3 units amounting to Rs.1,54,880/-. The complainant has asked for refund of Rs.1,54,880 alongwith interest @ 12%.
6. On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to be glanced very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-6.
7. In view of the above discussion and in pursuance of quotation (Ex.C-2) and bank statement (Ex.C-3), it is clear that the complainant had ordered 8 indoor ACs and had paid an amount of Rs.3,94,240/- to the OP against which OP only supplied 5 units and did not supply the balance 3 units. This is clear cut case of deficiency in service and thus, the complainant is entitled for the relief and accordingly, the complaint of the complainant is partly allowed and OP is directed to refund Rs.1,54,880/- alongwith interest @ 6% per annum from the date of payment i.e. 26.10.2020 till its realization. Further, OP is directed to pay a compensation including litigation expenses of Rs.8000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
05.01.2023 Member Member President
