Complaint filed on:25-01-2024
Disposed on: 23-07-2024
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 22nd DAY OF JULY 2024
//:PRESENT://
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER
CONSUMER COMPLAINT NO. 12/2024
Mrs Toyfeek.S
S/o Syed Shamoe A/a 28 years,
R/at Behind Lakshmi theater
Batawadi. TUMKUR 572103.
……….Complainant
(By Smt . Yasmeen, S, Advocate)
V/s
Jodhani Papers private limited
Represented by its Manager
N0 182 – C, Road No 7
Vasanthanarasapura Industrial Area
1st Phase, Nagenahally, Kora Hobli, TUMKUR
………..Opposite Party/s
(By Sri N Basavaraj Advocate)
//:O R D E R://
BY SRI. KUMARA .N - MEMBER
This complaint has been filed by the complainant to direct the OP to Rs.2,00,000-00 along with interest @ 12% from November 2023 to till realization and further prays to direct the OP to pay Rs 1,00,000-00 towards damage & compensation & advocate fee to the complainant.
2. It is the case of complainant that, the complainant supplies the waste papers to the OP as agreed and the complainant arranged one vehicle KA 16- D-3894 for this purpose and OP allotted ID No 6046 to the complainant. The complainant by taking vehicle loan from the Shriram finances arranged the said vehicle. The Complainant on Dt:02-11-2023, Dt:05-11-2023, Dt:11-11-2023, Dt:15-11-2023, Dt:17-11-2023, Dt:18-11-2023, Dt:26-11-2023, Dt:27-11-2023, Dt:01-12-2023, Dt:06-12-2023 Dt:10-12-2023, & Dt:11-12-2023, supplied the waste papers (In Kgs) of 825, 590, 450, 540, 430, 710, 970, 1090, 980, 1250,1380 & 640, respectively to the OP and the OP acknowledged the same, accordingly the OP has to pay (In Rs) 10637-00, 7700-00, 5985-00, 7020-00, 5590-00, 9860-00, 12610-00, 13952-00, 12192-00, 16500-00, 17423-00, & 9169-00 and the total amount worked out to be Rs. 1,28,638-00 to the complainant, but the OP not paid the said amount. The complainant being a poor for his livelihood he is doing this activity. The OP in spite of the several requests & legal notice dated 02-01-2024 not settled the balance amount, hence, this complaint.
3. In this case opposite party was Jodhani Papers private limited Represented by its Manager, N0 182 – C, Road No 7 Vasanthanarasapura, 1st Phase, Nagenahally, Kora Hobli hereinafter called OP.
4. After the complainant registered, the commission notice served to the OP appeared through its counsel and filed the version. Contending that, the complainant is not maintainable and the OP settled the all the transactions i.e. the waste papers supplied by the complainant & settled the amount regularly by transferring the amount (on online) to the complainant account, as such there is no pending amount or bills payable to the complainant, hence the OP prayed to dismiss the complaint with cost.
5. The complainant & the OP filed their affidavit evidence, and the complainant produced seventeen documents, which marked Ex C1 to Ex C6 & the OP produced sixty eight documents, which were marked as Ex R1 to Ex R68.
6. We have heard the arguments of complainant. The OP not filed written arguments, and failed to address the oral arguments in spite of sufficient time is granted.
7. The points that would arise for determination are as under;
- Whether the complainant proves the deficiency of service on the part of OP?
- Is complainant entitled to the relief sought for?
- Our findings to the aforesaid points are as under:
Point No.1: Partly in the Affirmative
Point No.2: As per the final order.
//:REASONS://
Point Nos. (1) and (2):-
9. The complainant’s counsel argued that the complainant supplied the waste papers to the OP, but the OP not paid the amount to the complainant as agreed, hence prays to allow the complaint. The Complaint produce Ex C1, copy of Bank statement of the complainant, Ex C2, copy of the statement of the transactions, Ex C3 to Ex C14, copy of the way bills of the waste papers supplied to the OP, Ex C15 copy of the vehicle loan, Ex C16 copy of the
legal notice dated 02-01-2024 & Ex C17 copy of the Reply of the OP dated 11-01-2024.
10. The OP in his version & affidavit evidence, contending that. The complainant filed the false complaint and the OP settled the complainant all dues or bills without any delay, regularly & the amount transferred to the complainant account, as such there is no deficiency of service on the part of OP, hence prays to dismiss the complaint. The OP produced documents pertaining to different dates of the complainant supplied the waste papers & bills settlements i.e. Ex R1 to Ex R6, for 02-11-2023 transaction, Ex R7 to Ex R12 for 05-11-2023 transaction, Ex R13 to Ex R18 for 11-11-2023 transaction, Ex R19 to Ex R24 for 15-11-2023 transaction, R25 to Ex R35, for 17-11-2023 & 18-11-2023transactions, Ex R36 to Ex R41 for 26-11-2023 transaction, Ex R42 to Ex R52 for 27-11-2023 & 01-12-2023 transactions, Ex R53 to Ex R62 for 06-12-2023 & 10-12-2023 transactions, and Ex R63 to Ex R68 for 11-12-2023 transaction.
12. In this case, it’s clear that, as alleged by the complainant that the OP not settled and paid the amount of Rs 128638.00, to the complainant towards the waste papers supplied in different dates, but the complainant not produced the any believable evidence to prove that the OP not settled and paid the amount.
The defense of the OP is considered that the OP paid the amount regularly to the complainant against the each date of waste papers supplied by the complainant, the OP documents & the complainant document Ex C1 i.e. Ex R1 to Ex R6, for 02-11-2023 transaction & amount of Rs 10889.00 paid to the complainant (Ex C1 page 16), Ex R7 to Ex R12 for 05-11-2023 transaction & amount of Rs 7692.00 paid to the complainant (Ex C1 page 17) , Ex R13 to Ex R18 for 11-11-2023 transaction & amount Rs 5679.00 paid to complainant (Ex C1page 18), Ex R19 to Ex R24 for 15-11-2023 transaction & amount Rs 7013.00. Paid to complainant (Ex C1page 19), R25 to Ex R35, for 17-11-2023 & 18-11-2023 transactions & amount of Rs 10210.00 & Rs 5584.00 paid to complainant (Ex C1 page 21) , Ex R36 to Ex R41 for 26-11-2023 transaction & amount Rs 12404.00 paid to complainant (Ex C1 page 24), Ex R42 to Ex R52 for 27-11-2023 & 01-12-2023 transactions & amount of Rs 10911.00 & Rs 11381.00 paid to complainant (Ex C1 page 28), Ex R53 to Ex R62 for 06-12-2023 & 10-12-2023 transactions, amount of Rs 13420.00 & 12527.00 (Ex R62 & Page 30 of Ex C1) and Ex R63 to Ex R68 for 11-12-2023 transaction and Rs 8371.00 paid to complainant (Ex C1page 29) & the complainant document Ex C1 revels that the OP paid the amount regularly. But the complainant on the 06-12-2023 & 10-12-2023 supplied 1320 kg & 1400 kg of waste papers respectively to the OP (Ex R53, Ex R54 & Ex R57 Ex R58 respectively) which was acknowledged by the OP and in turn the OP raised payment voucher of Rs 16500.00 & Rs 17423-00 in favour of the complainant (Ex R55 Ex R 56 & Ex R 60 Ex R61 respectively), but the OP transferred Rs 12527.00 & Rs 13420.00 & (Ex R62 & Page 30 of Ex C1) by deducting Rs 3960.00 & Rs 3990.00 without giving proper reason to the complainant, which leads to unfair trade practice & deficiency of service on the part of OP, hence the OP is liable to pay unpaid balance amount of Rs 7,950-00 along with interest @ 9% from 18-12-2023 to till date. The OP compelled the complainant to approach this commission without settling unpaid bills, accordingly the OP is liable to pay compensation of Rs.5,000/- and litigation cost of Rs.5,000/- to the complainant, In the above result, we proceed to pass the following;
::ORDER::
The complaint filed by complainant is allowed in part.
The OP is liable to pay unpaid amount of Rs 7950.00 along with interest @ 9 % from 18-12-2023 to till date. The OP is directed to pay Rs.5,000-00 towards compensation and Rs.5,000-00 towards litigation expenses to the complainant.
The OP is directed to comply the above order within 45 days from the date of receipt/knowledge of the order. Failing which, the payable amount under the order shall carry interest @ 10% PA after lapse of 45 days to till realization.
