Haryana

Bhiwani

CC/88/2022

kanak Singh - Complainant(s)

Versus

K.M Hadamba - Opp.Party(s)

Rakesh Obra

29 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

        CONSUMER COMPLAINT NO.  :  88 of 2022

                            DATE OF INSTITUTION             :          09.05.2022                                       DATE OF ORDER                         :  29.04.2024

 

Kanak Singh son of Sh. Ved Parkash R/o village Obra, Tehsil Loharu, District Bhiwani.

 

          ……Complainant.

 

Versus

 

K.M. Hadamba Theraser (Thrasher) Begu Road, Sirsa-125055 through Mechanic Kirpal Singh, Makhan Singh having mobile numbers 01666245694 & 01666245082.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Rakesh Obra, Advocate for complainant.

                    Sh. Ajay Verma, Advocate for OP.  

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant contacting the OP for purchasing Hadamba Thrasher machine, to which, price was told as Rs.3,70,000/-. To purchase the said Thrasher, complainant paid Rs.20,000/- on 07.02.2022 and Rs.1,55,000/- in the bank account of OP.  The OP assured to handover the Thrasher on 14.03.2022.  Complainant has submitted that he hired labour and spent a sum of Rs.55,000/- but OP on the promised day, flatly refused to give the Thrasher to him. So, legal notice dated 21.03.2022 was served upon the OP but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OP to give Hadamba Thrasher to complainant, to pay Rs.1.00 lac as compensation for harassment besides Rs.22,000/- towards litigation expenses. Any other relief to which this Commission deems fit has also been sought.  

2.                 Upon notice, OP filed written statement raising preliminary objections qua cause of action, deficiency in service on its part, maintainability of complaint, locus standi, jurisdiction and suppression of material facts.  On merits, the alleged paid amount has been admitted by OP. It is submitted that the said Thrasher was prepared by the OP much prior to the date of delivery and complainant was duly informed but it is the complainant who did not come to take the Thrasher. As such, the OP has denied for any deficiency in service or harassment to the complainant at the hands of OP. Further denied for any claim of complainant sought under this complaint. In the end, prayed for dismissal of complaint with costs.

3.                 In evidence of complainant, affidavits of complainant and Sh. Vijay were filed as Ex. PW-1/A & Ex. PW2/A alongwith documents Ex. P1 to Ex. P4 and closed the evidence.

4.                 In evidence of OP, affidavits Ex. DW1/A and Ex.DW2/A pertaining to Sh. Makhan Singh and Sh. Tarsem Lal Ahuja, respectively were filed and closed the evidence.

5.                 We have heard learned counsels for the parties and perused the record carefully.

6.                 Admittedly, the OP has received Rs.1,75,000/- from complainant toward the Hadamba Thrasher machine. Bank transaction of Rs.155,000/- is proved  from  bank statement Ex. P1. Perusal of quotation (Ex.P2) reveals that the Thrasher machine was to be given to complainant in Rs.3,70,000/- and Rs.20,000/- in cash was taken by OP on 07.02.2022 and date of delivery of the Thrasher was 14.03.2022. The grievance of complainant is that the Thrasher machine was not given on the promised date because of which complainant has to suffer monetary loss as well as mental and physical harassment.

7.                 On the other side, OP refuted the version of complainant and argued that complainant himself did not come to take possession of the Thrasher despite repeated contacts with him.

8.                 After hearing learned counsel for the parties and going through the record, we have observed that there is no record on file from the OP side that complainant did not turn to take possession of the Thrasher machine.  It is also necessary to mention here that during proceedings of this case, OP never move forward to handover the possession of the machine nor it returned the amount taken from complainant. Accordingly, we are of the view that the OP was negligent, deficient in providing proper services to the complainant as well as have adopted unfair trade practice which dragged the complainant into this unwarranted litigation. So, complainant must have suffered monetary loss as well as mental and physical harassment.  Since, the complainant has not prayed for refund of the amount rather wanted to take the Thrasher machine but we think it fit, if the amount so paid by complainant to OP for purchase of the machine is refunded to him. Hence, the complaint is allowed and OP is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.1,75,000/- (Rs. One lac seventy five thousand) to the complainant alongwith simple interest @ 12% per annum from 14.03.2022 till actual realization.

 (ii)     To pay a sum of Rs.50,000/- (Fifty thousand) to the complainant  on account of  compensation for harassment and causing deficiency in service by OP.  

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                     In case of default, the OP shall liable to pay simple interest @ 18% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:29.04.2024