By Sri. Mohamed Ismayil C.V., Member
The grievance of the complainant is as follows:-
1. The complainant was doing garment business at Edappal . During the pandemic period of Covid 19, the business of the complainant was collapsed. So the complainant searched for doing another business. So the complainant acquainted with the opposite party through on line and decided to start sanitizer mist pump business. The opposite party introduced himself as the whole sale dealer of mist sprayer white and the opposite party agreed to supply his products to the complainant. As a part of winning confidence of the complainant, the opposite party gave details of the GST registration to the complainant. Subsequently the complainant paid a total Rs.1,21,971/- (Rupees one lakh twenty one thousand nine hundred and seventy one only) to the opposite party for purchasing 48,000 pieces of products from the opposite party . The complainant stated that the opposite party also issued bill through mobile phone. The opposite party had assured him to deliver the products within one day. But the opposite party did not supply the product as agreed. So the complainant contacted the opposite party for getting the products but the opposite party evaded from his responsibility by making frivolous excuses. The opposite party did not deliver the product so far. It is stated in the complaint that the complainant had collected a huge amount by way of borrowing from his nears and dears to start his new venture. The complainant alleged that the opposite party had committed deficiency in service and as result the complainant had suffered financial loss, mental agony and hardship . So in this situation , the complainant approached the Commission praying for a direction to the opposite party to pay Rs.3,00,000/- (Rupees three lakh only) as compensation for financial loss and another Rs. 1,00,000/- (Rupees one lakh only ) as compensation for the sufferings of mental agony and hardship. The complainant also prayed for another direction to the opposite party to pay Rs.5,000/- (Rupees five thousand only) as the cost of the proceedings to him.
2. The complaint was admitted and issued notice to the opposite party. The opposite party refused to accept the notice and hence the Commission proceeded the matter after setting the opposite party as exparte .
3. The complainant filed affidavit and document. The documents on the side of the complainant are marked as Ext. A1 to A3 documents. Ext. A1 document is the copy of google pay statement showing the payment made to the opposite party by the complainant. Ext. A2 document is the copy of Proforma invoice dated 21/01/2022 issued by the opposite party. Ext. A3 document is the copy of letter issued by Changaramkulam police to the complainant.
4. Heard the complainant. Perused documents and affidavit filed by the complainant. There is no contra evidence availed for scrutiny. The Commission considered the following points:-
1. Whether the act of the opposite party can be considered as deficiency
in service?
2. If yes, then what will be the relief entitled to the complainant and cost of the
proceedings to be awarded.
5. Point No.1 and 2
The allegation of the complainant is that he paid Rs.1,21,971/- to the opposite party to purchase the product of sanitizer mist pump. The complainant produced copy of google payment statement received by the opposite party from the complainant and it is marked as Ext.A1 document. The complainant also produced proforma invoice issued by the opposite party to the complainant and same is marked as Ext.A2 document. Ext. A1 and Ext. A2 documents show that there was a transaction between the complainant and the opposite party in connection with purchase of 48000 pieces of 20 mm mist sprayer white. It is also come out in evidence that one piece of 20 mm mist sprayer pump is valued for Rs.2.25/- only. Considering the total amount invested for purchase of the products and price of the product , the Commission finds that the transaction took place was in connection with self employment of the complainant. It is also revealed in the evidence that the complainant had sustained financial loss to the garment business due to Covid 19 pandemic. The complainant had further averred that the opposite party did not deliver the products to him and thereby incurred financial loss. There is no evidence available before the Commission against the case of the complainant. The complainant also produced copy of letter issued from the police authority in connection with a complaint made against the opposite party and the letter is marked as Ext. A3 document. So going through entire evidence , it can be found that the complainant succeeded in proving his case alleged against the opposite party. The Commission finds that the opposite party has committed deficiency in service towards the complainant and the complainant suffered mental agony and hardship due to the act of the opposite party. The Commission can find that the complainant has sustained financial a loss of Rs.1,21,971/- due to the act of the opposite party. So the Commission need not consider the prayer of the complainant for a compensation of Rs.3,00,000/- as stated in the complaint. The Commission finds that the entire transaction took place during tragic period of Covid 19 pandemic, the most struggling period for everybody. It is also proved by the complainant that he had suffered mental agony and hardship due to the deficiency of service of the opposite party. So the Commission allowed the complaint in the following manner.
- The opposite party is directed to refund the Rs. 1,21,971/- (Rupees one lakh twenty one thousand nine hundred and seventy one only) to the complainant as the price collected for the products from the complainant.
- The opposite party is directed to pay Rs.1,00,000/- (Rupees one lakh only) to the complainant as compensation for the sufferings of mental agony and hardship.
- The opposite party is also directed to pay Rs.5,000/- (Rupees five thousand only) to the complainant as the cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of receipt of copy of this order, otherwise entire amount shall bear 9% interest per annum from the date of the order till its realization
Dated this 24th day of May , 2023.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1to A3
Ext.A1: Copy of google pay statement showing the payment made to the opposite party
by the complainant.
Ext.A2: Copy of Performa invoice dated 21/01/2022 issued by the opposite party.
Ext A3: Copy of letter issued by Changaramkulam police to the complainant.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
VPH
