Karnataka

StateCommission

CC/203/2014

M/s The Maruthi Cement Bricks - Complainant(s)

Versus

Innovativ Solutions - Opp.Party(s)

M.R.Hiremathad

30 Sep 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 30^TH DAY OF SEPTEMBER 2022

 

PRESENT

 

SRI. RAVI SHANKAR                         : JUDICIAL MEMBER

SMT. SUNITA C. BAGEWADI              : MEMBER

 

Consumer Complaint No. 203/2014

 

M/s. The Maruthi Cement Bricks No.36, Teradahalli Village, Ranebennur Taluk, Haveri District Represented by its Proprietor Smt. Chitra B. Gharapathi W/o. Basavaraj Reddy, R/o. Kumarptnam Village, Ranebennur Taluk. (By Sri. M.R.Hiremathad) V/s	….Complainant
Innovative Solutions 201, City Park, Gamanagatti-Road, Navanagara, Hubli-580025. (By Sri. G.S.Srinivas)	..…Opposite Party

O R D E R

 

BY SMT. SUNITA C. BAGEWADI, MEMBER

This is a complaint filed under Section 17 of the Consumer Protection Act seeking direction to the OP to supply the machineries and accessories as per the quotation for the amount realized under the DDs submitted to him or in the alternate to pay Rs.28,01,775/- along with interest, Rs.10.00 lakhs for deficiency in service and Rs.2.50 lakhs towards mental agony.

2. The brief facts of the case are that complainant is the manufacturer of hallow/solid cement bricks at Teradahalli village of Ranebennur Taluk and having good exposer in the said field.  Hence, the Ministry of Micro, Small and Medium Enterprises i.e., Micro, Small and Medium Enterprises Development Institute, Hubli was pleased to refer the complainant’s name to the Canara Bank, Ranebennur branch for facility of loan under CGII MSE Scheme.
3. Subsequently, the complainant approached the OP herein for the supply of the proposed machines and obtained the quotation from the OP with the estimated value of the machines for submitting the same before the Canara Bank, Ranebennur.  Thereafter, the complainant collected all the required documents as informed by the bank officials, from the Micro, Small and Medium Enterprises Ministry and complied all the formalities and submitted all the relevant documents before her banker and the said bank was pleased to grant loan facility after getting deposited the margin money of 20% of the granted loan.
4. It is further submitted that on 26.02.2014 the Canara Bank, Ranebennur branch has remitted an amount of Rs.28,01,775/- by way of D.D.No.594419, 594420, 594421 and 292326 dated 26.02.2014 in favour of the OP being the cost of machines and accessories to be supplied to the complainant and issued a covering letter dated 26.02.2014 to the OP with some terms and conditions.  It is further submitted that according to the terms and conditions of the bank, the OP had to deliver the machines and accessories within the reasonable time of 7 to 15 days from the date of accepting the said D.D.s and if the machines and accessories are not delivered within stipulated time the DDs were to be returned back to the Canara Bank, Ranebennur Branch to adjust the loan account of the complainant.  But the OP did not supplied any of the machines and accessories to the complainant even after lapse of the stipulated time.  Thereafter the complainant approached the OP and requested for the supply of machines and accessories as soon as possible but the OP went on dodging the same with the one and the other pretext.  The OP has neither supplied the machineries and accessories nor responded properly as to why there occurred delay in supply of the said machineries and accessories.  It is further submitted that the complainant had invested and put herself in the said project with a good hope to earn money for her lively hood and to give a good service to the society, but, due to non-supply of machineries from the OP she has sustained financial loss as well as mental agony, on the other hand the bank officials are forcing the complainant to re-pay the loan in whole as the same has become NPA.  Being highly aggrieved by the attitude of the OP the complainant sent legal notice to the OP on 02.06.2014 through her advocate calling upon the OP to supply the machineries and accessories for which the OP has received the amount of Rs.28,01,775/- through DDs or to comply with the terms and conditions of the bank immediately and also pay the compensation of Rs.10,00,000/- for the loss and sufferings within a week from the date of the receipt of the said legal notice and the said notice served on the OP 10.06.2014.
5. The OP has sent reply on 16.06.2014 that OP had demanded the husband of the complainant for an additional amount for the supply of machineries and accessories to the tune of Rs.3,80,000/- but he did not paid, instead he requested to return the DDs so that he could purchase second hand machineries, but, thereafter OP replied that he paid Rs.50,000/- to the husband of the complainant in cash, Rs.5,50,000/- vide cheque in favour of Mallanagowda, Rs.1,50,000/- vide cheque in favour of Keshavareddy Garaptti, Rs.17,50,000/- vide self cheque and all the repayment is done under valid receipts in the presence of witnesses.  The reply sent is untenable, which resulted in mental agony, monetary loss, unexplained misery, hardship and huge financial burden.  Hence, the complaint.
6. On service of notice OP has appeared through his counsel and filed his version and denied all allegations made by the complainant and contended that all allegations are false and concocted.
7. Complainant filed affidavit evidence and marked documents as C1 to C7.  OP also filed affidavit evidence and marked documents as Ex.R1 to R8.
8. Now the points that arises for consideration are:

1. Whether the complainant has proved deficiency in service against OP?
2. Whether the complainant is entitled for relief sought?
3. What order?

9. The findings to the above points are:

1. Negative
2. Negative
3. As per final order.

10. The complainant has produced documents Ex.C1-recommendation letter to Bank from Micro, Small & Medium Enterprises Development Institute dated 18.11.2013, Ex.C2 – letter from Canara Bank to OP dated 26.02.2014, Ex.C3 – copies of D.Ds drawn in favour of Innovative Solutions, Ex.C4 – Legal notice, Ex.C5 & C6 – postal receipt and acknowledgement and Ex.C7 – reply notice.  Likewise, the OP has produced documents Ex.R1-quotation from Innovative Solutions to M/s. Maruthi Cement Bricks with design pictures, Ex.R2 & R3 - acknowledgements dated 19.3.2012 issued by the Directorate of Industries and Commerce to Maruthi Cement Bricks, represented by its Proprietor, Basava Reddy Jayarama Reddy Garaptti, Ex.R4- bank account extract, Ex.R5- Letter dated 03.05.2014 from Canara Bank, Hubli to Innovative Solutions, Ex.R6 – Reply to legal notice, Ex.R7 – letter dated 27.05.2015 from Innovative Solutions to the Canara Bank, Hubli, Ex.R8-receipt issued by Basava Reddy Jayarama Reddy Garaptti to Innovative Solutions.
11. Perused the complaint, objections filed by OP, affidavit evidence of both parties and documents produced by both parties.  We noticed that OP denied all allegations made by the complainant.  Further perused the contentions of the complainant and affidavit evidence of complainant and OP.  It is true that complainant is the manufacturer of hallow/solid cement bricks and the complainant along with his husband approached OP for supply of proposed machine and obtained quotation, then submitted before the Canara Bank, Ranebennur for loan purpose.  Subsequently, on 26.02.2014 Canara Bank has remitted an amount of Rs.28,01,725/- by way of D.D. No.594417, 594420, 594421 and 292326.  After getting deposited the cost of machine and accessories in favour of OP along with covering letter at Ex.C2 with some terms and conditions.  As per the condition Nos.4 and 5 of covering letter, the machine and accessories are to be delivered within a reasonable time of 7 to 15 days from the date of accepting the D.D.  If the machineries and accessories are not delivered within the stipulated time the draft has to be retuned back to the Canara Bank to adjust to the loan account of the complainant.
12. The allegations of the complainant is that inspite of accepting the D.D. of Rs.28,01,775/- the OP has not supplied machines and accessories to the complainant even after lapse of stipulated time and after approach, making several requests and even after issuing legal notice dated 31.05.2014 OP went on postponing the same with one or other pretext.  The OP neither supplied the machines and accessories nor refunded the amount, but, sent untenable reply to the legal notice.  Perused the reply notice by the OP.  The OP submitted that after submitting D.D.s OP has demanded the husband of the complainant for additional amount for supply of machineries and accessories to the tune of Rs.3,80,000/-, but the complainant has failed to pay and requested to return the D.D.s so that he could purchase second hand machinery.  Hence, OP has paid Rs.50,000/- to the husband of the complainant in cash, Rs.1,50,000/- in favour of Keshava Reddy vide cheque, Rs.5,50,000/- vide cheque in favour of Satish Mallangoudar, Rs.17,50,000/- vide self cheque and all the repayments done under valid receipts in presence of witnesses.  Perused the receipts produced by OP.  OP has already paid Rs.28,01,775/- on 07.03.2014 to the complainant and husband of the complainant has signed the acknowledgement at Ex.R8 in presence of witnesses.  Hence, contention of OP that all repayments done under valid acknowledgements in presence of witnesses is true and believable.  Moreover, perused order sheet.  We noticed that complainant is absent continuously from 19.01.2018, not argued the matter and not established how she is entitled for the amount of Rs.28,01,775/- from the OP.  OP also absent continuously and also not argued the matter.  It seems that both parties have no interest in proceeding with the matter.  Considering the facts and discussions made here we are of the opinion that complainant has failed to prove deficiency in service against OP.  Hence, complaint is liable to be dismissed.  Accordingly, complaint is dismissed with no order as to costs.

 

MEMBER                                   JUDICIAL MEMBER

 

CV*