PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 131/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sumitra Behera, Aged about 21 years,

D/o- Late Surendra Behera,

R/O-Bagdiapara, PO-Shankarma, Ps-Ainthapali,

Dist-Sambalpur-768004.                                                                  ……......Complainant.

                                    -Vrs.-

Jyoti Rekha Mishra, Rudransh Raj Manufacturing Unit.

At-Amarjeet Chawala Complex, Near-New Delhi Sweet,

At/PO/Ps- Ainthapali, Dist-Sambalpur-768004

GSTIN-21AOQPM7225P2Z, Ph No.0663 2569190,

Mob No. 9437417499                                                   …………........Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. S.S.Sarangi Adv. & Associates
2. For the O.P.                        :- Ex-parte.

Date of Filing:29.08.2023,Date of Hearing :21.11.2023,Date of Judgement : 08.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased one double dia machine on payment of Rs. 85,000/- out of show-room sale price Rs. 1,15,000/- on 10.05.2023. The O.P. took as cheque of bearing No. 419849 dated 01.06.2023 for Rs. 15,000/- towards security and the balance amount was to be paid Rs. 15,000/- within a month. The O.P. issued invoice No. 429 dated 10.05.2023. The machine was installed in the house of Complainant but it could not function. The Complainant arranged Rs. 30,000/- from friends and relatives and requested the O.P. to supply a new machine as he had number of orders from public and failed to supply ‘Khali and ‘Dana’ to customers. The O.P. with false assurance neither provided service nor any new machine. Ultimately a pleader notice dated 24.07.2023 was issued but the O.P. remained silent being aggrieved the complaint was filed.
2. Notice was issued to the O.P. but the O.P. refused to receive. Accordingly, the O.P. was set ex-parte.
3. The Complainant filed following documents:

1. Invoice No. 429 dated 10.05.2023 issued by M/S Rudransh Raj Manufacturing Unit Ainthapali.
2. Pleader notice dated 22.07.2023 issued by Sri. Siddhartha Shankar Sarangi with registration receipt and acknowledgement of O.P.

4. Perused the documents filed. From invoice No. 429 dated 10.05.2023 it reveals that the O.P. has received Rs. 75,000/- as advance to-wards double dia machine and Complainant agreed to pay Rs. 31,500/- by 27.05.2023 and Rs. 8500/- by 02.06.2023. The Complainant has not filed any documentary evidence regarding payment of balance Rs. 40,000/-. After pleader notice also the O.P. remained silent although received the same. The machine supplied by O.P. could not function for which the O.P. was approached by Complainant but the O.P. remained silent. For livelihood the ‘Khali’ and ‘Dana’ double dia machine has been purchased. The Complainant has paid part payment and entered into agreement with O.P. The O.P. has not taken any care to run the machine as a result the Complainant not only sustained financial loss but also suffered in public. The O.P. is deficient in its service and violated the contract.

Accordingly, it is ordered:

ORDER

The complaint is allowed ex-parte against the O.P. The O.P. is directed to install a brand new double-dia machine to the Complainant replacing the old one within one month of this order. In case of non replacement the O.P. shall be liable to pay Rs. 75,000/- with 12% interest P.A. w.e.f. 10.05.2023 till realisation. The O.P. is liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/- to the Complainant.

Order pronounced in the open court on 8^th day of Jan 2023

Supply free copy to the parties.