Tamil Nadu

StateCommission

A/257/2023

The Proprietor, Cannadian Crystalline Water India Ltd. - Complainant(s)

Versus

Iyyappan, S/o Ponnusamy, Proprietor, Star Soft Drinks, - Opp.Party(s)

M/s V Balaji

23 Jun 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No.257 of 2023

(Against the Order passed in C.C. No.15/2021 dated 12.10.2022 on the file of the D.C.D.R.C., Vellore)

 

Dated the 23^rd day of June 2023

The Proprietor,

Canadian Crystalline Water India Limited,

Global Water Technology Solutions,

No.149, EVR Lane,

Poonamalli High Road,

Kilpauk,

Chennai – 600 010.                           .. Appellant / Opposite party.

 

- Versus –

Iyyappan,

S/o. Mr. Ponnusamy,

Proprietor,

Star Soft Drinks,

No.177, Bazanai Koil Street,

Ramachandrapuram,

Venkatasamudram Post,

Ambur Taluk – 635 811,

Tirupattur District.                         .. Respondent / Complainant.

 

Counsel for Appellant / Opposite Party : M/s. V. Balaji

Counsel for Respondent / Complainant : M/s. B.S. Sundaramoorthy      

 

                The Respondent as complainant has filed a complaint before the District Commission against the opposite party praying for certain directions.  The District Commission had passed an ex-parte order, allowing the complaint.   Against the said ex-parte order, this appeal is preferred by the opposite party praying to set aside the order of the District Consumer Commission dt. 12.10.2022 in C.C. No.15/2021.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing for both parties, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

           

ORDER

 

Thiru. R VENKATESA PERUMAL, MEMBER  (Open Court)                    

 

1.     The opposite party before the District Commission is the appellant herein.

 

2.     The case of the complainant before the District Commission is that the complainant purchased machinery for producing soft drinks in the name and style of ‘Star Soft Drinks’ from the opposite party by availing loan of Rs.20,00,000/- from Andra Bank for his livelihood.   After installation of the machinery, it was not working properly.   Hence, the complainant had made a complaint with the opposite party.  The service personnal of opposite party after inspecting the machineries had taken back the same during September 2020 and has agreed to deliver the new machineries within a month.   Even after several requests and demands, the opposite party has not delivered the new machineries.   The complainant could not repay the loan due to the deficiency in service committed by the opposite party.   The opposite party sent a letter dt.25.01.2021 to the complainant but has not settled the demands of the complainant. The act of the opposite party caused great mental agony to the complainant.  Hence, alleging deficiency in service on the part of the opposite party, the complainant had filed a complaint before the District Commission claiming refund of the sum of Rs.20,00,000/- along with interest at the rate of 24% p.a., to pay sum of Rs.2,00,000/- towards compensation for deficiency in service and cost to the complainant.

 

3.     Though the appellant / opposite party has entered appearance through one Advocate Thiru. B. Sree Kumar but not appeared for the subsequently hearings and also failed to file Written version before the District Commission and hence, the opposite party was set exparte.  Consequently, the District Commission passed an ex-parte order directing the opposite party to refund a sum of Rs.20,00,000/- as cost of the machinery with interest at the rate of 9% p.a. from 03.10.2018 to till the date of order, to pay a sum of Rs.2,00,000/- towards compensation for mental agony and a sum of Rs.25,000/- towards cost to the complainant failing which, the above amounts shall carry interest at the rate of 9% p.a. from the date of order to till realization.

 

4.     Aggrieved over the said order, this appeal is preferred by the opposite party praying for setting aside the order and for a chance to contest the case on merits.

 

5.     Before this Commission, the counsel for the appellant / opposite party submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding in the complaint.  Further, the complainant has not approached the District Commission with clean hands.    Therefore, the opposite party sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

6.     When the case had come up before this Commission on 23.06.2023, after hearing the submission of the both parties, this Commission had felt that irrespective of the reason assigned by the opposite party for non-appearance, in order to give a chance to the opposite party to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite party, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission.   Immediately on the same day itself, the appellant has complied with the condition imposed by this Commission.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law.

 

In the result, the appeal is allowed by setting aside the order of the District Consumer Commission, Vellore in C.C. No.15/2021 dt.12.10.2022 and the matter is remanded back to the District Consumer Commission, Vellore for fresh disposal according to law and on merits after hearing both sides.

 Both parties are directed to appear before the District Consumer Commission, Vellore on 24.07.2023 for further proceedings.  The appellant / opposite party is directed to file Written Version, proof affidavit, written argument and documents if any on the same day itself.

 The District Commission is directed to dispose of the complaint on merits within three months after hearing both parties as expeditiously as possible as per law.  

 Both parties shall abide by the order of the District Commission regarding the mandatory deposit already made by the appellant / opposite party before this Commission.

 

 

 

   R  VENKATESAPERUMAL                                        R. SUBBIAH

                 MEMBER                                            PRESIDENT

 

 

Index :  Yes/ No

 

KIR/SCDRC/Chennai/Orders/June/2023