Andhra Pradesh

Chittoor-II at triputi

CC/52/2015

Srirangampalli Rakesh Reddy, S/o. S.Ananthamurthy Reddy - Complainant(s)

Versus

K.Ramesh - Opp.Party(s)

G.Ramaiah Pillai

19 Apr 2016

ORDER

Filing Date: 06.11.2015

Order Date:19.04.2016

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

 

TUESDAY THE NINTEENTH DAY OF APRIL, TWO THOUSAND AND SIXTEEN

 

 

 

C.C.No.52/2015

 

 

Between

 

Srirangampalli Rakesh Reddy,

S/o. S.Anthamurthy Reddy,

Hindu, aged about 33 years,

Unemployee,

Residing at:

7-51, Pasamvaripalli Village,

K.Kothapeta Post,

Damalcheruvu Mandal,

Chittoor District.                                                                              … Complainant

 

 

 

And

 

 

1.         K.Ramesh,

            Himabindu Water Technologies,

            4-61, Vikasnagar,

            Dilsukh Nagar,

            Hyderabad-60.

            Cell No.9849999947.

 

2.         Himabindu Water Technologies,

            By C.Janakirami Reddy,

            4-76/1, Flat No.G2, Shri Apartment,

            Durganagar Colony,

            Dilsukh Nagar,

            Hyderabad-60,

            Cell No.9502771482.                                                          …  Opposite parties.

 

 

 

 

            This complaint coming on before us for final hearing on 30.03.16 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.G.Ramaiah Pillai, counsel for the complainant, and opposite parties remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

 

 

ORDER

DELIVERYED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

           

            This complaint is filed under Sections-12 and 14 of C.P.Act 1986, by the complainant against the opposite parties for the following reliefs 1) to direct the opposite parties to refund the balance amount of Rs.3,00,000/- with interest at 13.50% p.a., 2) to direct the opposite parties to pay Rs.1,00,000/- towards compensation for the mental agony caused by the opposite parties and 3) to direct the opposite parties to pay Rs.2,000/- towards costs of the litigation.

            2.  The averments of the complaint in brief are:- that the complainant being a graduate un-employee wants to install a drinking water project under PMRY scheme and contacted opposite party No.1 through phone. Opposite party No.1 inturn gave quotation dt:26.03.2014 for reverse OSMOSIS plant – HB2000, for the supply of packaged drinking water plant, for a sum of Rs.7,95,000/-. The complainant availed loan of Rs.7,95,000/- from Corporation Bank on 04.04.2014 and sent D.D. bearing No.189118 for Rs.7,95,000/- in favour of HIMA BINDU WATER TECHNOLOGY. The said D.D was handed-over to opposite party No.2, as he is a known person and resident of complainant’s village. After pursuance, opposite parties have paid Rs.4,95,000/- in 17 installments from 09.04.2014 to 14.08.2014 and failed to pay the remaining amount Rs.3,00,000/-, as they could not fulfill the requirement of complainant in supplying the water plant. Hence the complaint.

            3.  Both the opposite parties remained exparte.

            4.  The complainant filed his chief affidavit reiterating the complaint averments and also filed his written arguments and got marked Exs.A1 to A7 in support of his case. Heard the counsel for complainant.

            5.  Now the points for consideration are:-

            (i).  Whether there is deficiency in service on the part of opposite parties and

                  whether the complainant is entitled to the reliefs sought for?

            (ii)  To what relief?

            6.  Point No.(i):- on perusal of the complaint, chief affidavit and written arguments of the complainant and Exs.A1 to A7, it is found that the complainant is resident of Damalcheruvu mandal of Chittoor District, whereas the 2^nd complainant is also said to be the resident of Damalcheruvu mandal of Chittoor District, as such both the complainant and 2^nd opposite party are known to each other. The complainant when approached the opposite party No.1 through phone, opposite party No.1 has gave quotation dt:26.03.2014 under Ex.A1 for Rs.7,95,000/-. Believing the words of opposite party No.1, complainant availed loan from Corporation Bank at Chittoor and obtained D.D for Rs.7,95,000/- in favour of  HIMA BINDU WATER TECHNOLOGY. The D.D. bearing No.189116 dt:04.04.2014 for Rs.7,95,000/- is shown under Ex.A2. The D.D. was handed-over to the 2^nd opposite party in person by the complainant, as opposite party No.2 was working in the company of opposite party No.1 and he is a known person to the complainant since both of them are the residents of one and the same village in Damalcheruvu mandal. After collecting the D.D., opposite parties failed to supply the water plant, though they have received and accepted the total cost of the project. After pursuance of the complainant, opposite parties could pay Rs.4,95,000/- in 17 installments during the period from 09.04.2014 to 14.08.2014 and the balance amount of Rs.3,00,000/- is yet to be paid. A copy of statement of account in proof of payment of Rs.4,95,000/- by the opposite parties is filed and marked as Ex.A4. The contention of the complainant remained unchallenged. That apart payment of Rs.4,95,000/- by the opposite parties itself proves the case of the complainant, as well as guiltiness of the opposite parties. Receiving the amount and not supplying the water plant as promised certainly amounts to deficiency in service on the part of the opposite parties. Therefore, it can be safely held that there is deficiency in service on the part of the opposite parties and the complainant is entitled to the reliefs sought for.

            7.  Point No.(ii):- in view of the allegations made in the complaint and evidence affidavit, as well as Exs.A1 to A5 and Ex.A7, the complainant has established that there is deficiency in service on the part of the opposite parties and they are liable to pay the balance amount of Rs.3,00,000/- to the complainant and they are also liable to pay compensation. Accordingly this complaint is to be allowed.

            In the result, complaint is allowed in part directing the opposite parties 1 and 2, to pay the balance amount of Rs.3,00,000/- (Rupees three lakhs only) to the complainant with interest at 9% p.a. from 04.04.2014, till the date of realization, and the opposite parties 1 and 2 also further directed to pay compensation of Rs.10,000/- (Rupees ten thousand only) for causing mental agony to the complainant and for the deficiency in service on the part of the opposite parties and also opposite parties 1 and 2 further directed to pay Rs.2,000/- (Rupees two thousand only) towards costs of the litigation. Opposite parties 1and 2 further directed to comply with the orders within six (6) weeks from the date of receipt of copy of the order, failing which the compensation amount of Rs.10,000/- shall also carry interest at 9% p.a. from the date of complaint, till realization.

              Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 19^th day of April, 2016.

 

      Sd/-                                                                                                                       Sd/-                                                                                                                        

Lady Member                                                                                                      President

 

APPENDIX OF EVIDENCE

 

 

Witnesses Examined on behalf of Complainant.

 

PW-1: S. Rakesh Reddy (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartIES.

 

NIL

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits (Ex.A)	Description of Documents
	Photo copy of quotation for Rs.7, 95,000/- issued by opposite party No.1. for the supply of Reserve OSMOSIS plant. Dt: 26.03.2014.
	Photo copy of D.D. bearing No.189118 for Rs.7,95,000/- in favour of Opposite Party No.1 issued by the corporation Bank with endorsement of opposite party No.2 as “ received’ on 04-04-2014.
	Photo copy of SB A/c of the complainant of the Corporation Bank Damalacheruvu.   A/C. 025300101017558.
	Photo copy of Statement of Account issued by SBI, Pakala( Branch Code: 2773) containing the refund amount of Rs.4,95,000/- from 09-04-2014 to 14-08-2014 by the opposite party No.1. Dt: 18.06.2015.
	Office copy of Legal Notice to the opposite parties 1 and 2 by Regd. Post. Dt: 27.06.2015.
	Undelivered regd. Letters addresses to opposite parties 1 and 2 with postal endorsements As “left”.  Dt: 06.11.2015.
	Photo copy of Corporation Bank Remainder to Opposite party No.1. To expedite the supply of Reserve OSMOSIS plant. Dt: 27.10.2015.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

 

     NIL

 

 

                                                                                                                       Sd/-        

                                                                                                               President

           // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

        Dist. Consumer Forum-II, Tirupati.

          

           

 

 Copies to:-    1. The complainant.

                       2. The opposite parties.