IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 400/08 DATED 11.02.2009<br /> <br /> ORDER<br /> <br /> Complainant B.S.Daksheenamurthy, S/o Late Shambhudevaru, Basavanapura Village, Nanjanagud Taluk, Mysore District.<br /> (By Sri.Purushothamalal., Advocate)<br /> <br /> Vs. <br /> Opposite Party H.P.Ashok, S/o Puttegowda, Proprietor, Jai Karnataka Preeth Tractors, (Amulya Tractors), M.Basavaiah Building, Nagamangal Road, Mandya.<br /> R/at Haloalu Village, Dudda Hobli, Mandya Taluk and Dist.<br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 12.12.2008<br /> Date of appearance of O.P. : -<br /> Date of order : 11.02.2009<br /> Duration of Proceeding : -<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the complainant in brief is, that the opposite party is a dealer of tractor and other accessories was carrying on business as a dealt of tractors at Mysore. That he in order to purchase a tractor obtained invoice from him on 14.02.2006 and obtained loan of Rs.3,57,300/- from Cauvery Kalpatharu Grameena Bank, Nanjanagud Branch on 11.09.2006 and he got a demand draft sent to the opposite party for that amount for supply of tractor. The opposite party who has got that demand draft encashed told him that as soon as he get delivery of the tractor and other equipments they will be supplied to him. But, as and when he contacted the opposite party, he went on post-poning delivery. On 18.06.2007 the opposite party has only delivered a trolley, but has not delivered other items including the tractor as indicated in the quotation / performa invoice. That the opposite party has in the same way cheated several persons. Thereafter when he went in search of the opposite party to his given address at Mysore, the opposite party found to had closed his agency and stayed in Mandya and therefore has prayed for a direction to the opposite party to pay him the tract or cost of Rs.3,57,300/- paid to him and interest of Rs.63,053/- paid by him to the bank with other expenditure and compensation to the mental agony he has undergone.<br /> 2. The opposite party who has been duly served with the notice of this complaint, has remained absent, as such is set exparte. Thereafter, on the complainant filing his affidavit evidence, we have heard his counsel and perused the records. The complainant has produced the invoice issued by the opposite party showing the value of the tractor and other accessories as Rs.3,57,300/-. The complainant has also produced a letter of the Cauvery Kalpatharau Grameena Bank, Nanjangud Branch having sent a D.D. for Rs.3,57,300/-, which is inclusive of Rs.2,85,000/- loan sanctioned by it to the complainant and also produced a copy of the legal notice he got issued to the opposite party.<br /> 3. On perusal of the contents of the complaint, affidavit evidence, the invoice issued by the opposite party and the bank letter, they make it clear that on the invoice of the opposite party given to the complainant, the complainant applied for sanction of loan to Cauvery Kalpatharau Grameena Bank, which sanctioned loan of Rs.2,85,000/- and after collecting margin amount of Rs.72,300/- from the complainant, the bank sent a D.D. to the opposite party for a sum of Rs.3,57,300/- as indicated in the invoice. The complainant ahs also produced a Xerox copy of the D.D. which is drawn in favour of the opposite party. The complainant has also produced a delivery note said to have been issued by the opposite party only delivering one tractor trolley to the complainant on 14.07.2006. All these materials placed before us abundantly prove that the opposite party even after realization of the D.D. amount has not supplied the tractor and other accessories to the complainant except a trolley till this day.<br /> 4. The complainant got issued a legal notice to the opposite party, but the same is returned unserved. Therefore, the complainant finding no alternative has approached this Forum. The materials placed before the Forum by the complainant including the documents have remained uncontroverted and unquestioned, which prove the transaction that the complainant had with the opposite party for purchase of a tractor. But, the opposite party after receipt of the money has not cared to keep up his promise to deliver the tractor with accessories. The opposite party who has been given opportunity to set up any defense, he has not bothered to appear and to oppose the complaint. Therefore, we have no hesitation to hold that the complainant has proved that the opposite party has not only indulged in deficiency of service, but has indulged in Unfair Trade Practice. The complainant has produced an account extract of Cauvery Kalpatharu Grameena Bank which has charged him for interest of Rs.64,093/- up to 31.03.2008 on the loan advanced to the complainant and this complainant being an agriculturist he has been burdened with liability of paying interest on the amount which is not used by him and has been put to greater monitory loss, inconvenience and sufferings. The complainant has not pointed out the rate of interest he is liable to pay to the bank on the loan advanced. Therefore the opposite party shall have to be directed to compensate the complainant not only by way of paying certain rate of interest on the amount due besides other damages. Therefore the complaint deserves to be allowed. With the result, we pass the following order:-<br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The opposite party is directed to repay Rs.3,57,300/- within 60 days from the date of this order with interest at 15% p.a. from 15.09.2006 till the date of payment.<br /> 3. The opposite party is also directed to pay Rs.8,000/- towards hardship, inconvenience and mental agony the complainant has undergone, within 60 days from the date of this order failing which he shall pay interest at 15% p.a. from the date of this order till the date of payment.<br /> 4. The opposite party shall also pay cost of Rs.1,000/- to the complainant.<br /> 5. On the opposite party paying all these amounts, the complainant shall return the tractor trolley to him.<br /> 6. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 11th February 2009)<br /> <br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />