Shri Ashoke Kumar Pal, Hon’ble President
The crux of the instant complainant case in short is that the complainant placed an order to the OP for supply of some Iron Grill, Gate, Window etc. for his residence and paid an amount of Rs.42,000/- (Rupees Forty Two Thousand) as advance on 12.10.2010 to the OP. “Kaccha” money receipt has been given acknowledging the payment of advance amount of Rs.42,000/- (Rupees Forty Two Thousand) by the complainant to the OP with an undertaking that final bill will be supplied after completion of the work depending upon the weight, measurement etc. of the aforesaid goods. It was agreed that the finished goods will be supplied within a month and will be installed at the residence of the complainant and balance amount will be paid thereafter by the complainant. A copy of money receipt has been supplied by the complainant and marked Annexure-“A”. As the OP did not supply the goods as aforesaid to the complainant within a month as agreed upon, the complainant visited the workshop of the OP to know the development of the work and he was told by the OP that some more time will be required to complete the work. But the OP ultimately failed to keep his promise and did not supply the goods to the complainant for which the complainant wrote a letter to the OP on 24.11.2012 demanding the refund of the advance amount of Rs.42,000/- (Rupees Forty Two Thousand) or deliver the finished goods as aforesaid to the complainant. The complainant also lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Paraganas, Regional Office at Baruipur, Govt. of West Bengal to solve the dispute through mediation. But despite receipt of notice the OP did not turn up and as such no fruitful result has been achieved which prompted the complainant to initiate the instance case on the reliefs as sought for in the petition of complaint.
The OP contested the case after filing W/V contending inter allia that the claims of the complainant are all false. The specific case of the OP is that the OP after completion of the entire work fitted and installed the finished products at the residence of the complainant in his full satisfaction and there is no deficiency at all in service on the part of the OP. The complainant has filed the instant case with mala fide intention and ill motive for some wrongful gain. The OP never adopted any unfair trade practice as alleged. The case of the complainant is manufactured one based on false allegations which are nothing but cock and bull story. A false criminal case was also filed against the OP which ultimately ended in F.R.T and the OP was discharged from the said criminal case. The OP also denied the other material averments of the petition of complaint para-wise and prayed for dismissal of the case with cost.
From the pleadings of the parties the following issues / points have been framed to reach to a right decision in this case.
Points for Consideration :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with Reasons :-
Point No:1:-
On perusal of the case record along with evidence and copies of documents, it appears that the complainant placed order to purchase some Iron Grill, Gate, Windows etc. from the OP and paid an amount of Rs.42,000/- in advance dated 12.10.2010 for which the OP issued a money receipt (Annexure-“A”) acknowledging the payment of the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the Point No.1 decided in favour of the complainant and against the OP.
Point No:2 & 3:-
Both the Point Nos. 2 & 3 are taken up together for the sake of convenience and as they are interlinked.
It was the specific allegation of the complainant that OP received the advance amount of Rs.42,000/- issuing a money receipt dated 12.10.2010 but did not supply and install the Iron Grills, Gate and Windows etc. at the residence of the complainant resulting in deficiency in service and unfair trade practice on the part of the OP. It is evident from the copy of money receipt (Annexure-“A”) issued by the OP that the OP received an advance amount of Rs.42,000/- from the complainant for manufacturing Grills, Gate, Windows etc. for installation of the same at the residential house of the complainant. This fact was also corroborated and admitted by the OP in his written version. The OP denied the allegations of the complainant that the Grill, Gates, Windows etc. were not supplied to the complainant. It is the specific case of the OP that these finished goods were timely supplied and installed at the residence of the complainant with satisfaction. But neither in the W/V nor in the BNA of the OP there was any specific date regarding supply and installation of the aforesaid products at the residence of the complainant. The OP also failed to produce any cogent documents regarding final bill showing the weight and measurement of the manufactured / furnished products. There is evidence oath Vs other without any cogent documents.
A criminal case was filed, so for as it appears, was on different issues and there is no relation with the issue of the complaint case. Therefore the acquittal of the OP from the criminal case matters a little in connection with the consumer complaint case.
Therefore, considering the evidence as well as all the papers and documents available on record, we are of the view, that the OP receiving an advance amount of Rs.42,000/- (Rupees Forty Two Thousand) from the complainant did not supply the materials at all for which the OP is guilty of deficiency in service and unfair trade practice. Ultimately, the complainant is entitled to get the relief as prayed for as he did not get any service from the OP. On the other hand, he was harassed by the OP by various ways.
Therefore, both the Points No.2 & 3 are decided in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
that the instant complaint case be and the same is hereby allowed against the OP with cost of Rs.5,000/- (Rupees Five Thousand) only.
The OP is hereby directed to refund the advance amount of Rs.42,000/- only along with Simple Interest in the form of compensation @ 10% p.m. with effect from 12.10.2010 (date of receiving the advance amount) till the date of final realization thereof within 30 days from the date of passing this order.
The OP is also directed to pay the litigation cost of Rs.5,000/- (Rupees Five Thousand) only within 30 days from the date of passing this order.
The complainant is at liberty to put the order into execution after the expiry of 30 days in case the orders are not complied with by the OP within 30 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me
Ashoke Kumar Pal
President
