BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 592 of 2022      

                                                          Date of Institution: 19.09.2022

                                                          Date of Decision:   12.06.2023. 

Tara Singh son of Bhagir Singh, Rajput, Shekhawat, Resident of village Sohla, Tehsil Lakshmangarh, Distt. Sikar (Rajasthan).

                                                                   ………Complainant.

                                      Versus

Khokhar Agro Company, (Rampura Phool Wale) Dabwali Road, Sirsa, Tehsil and Distt. Sirsa through its Prop/ Partner/ Auth. Person.

                    ……… Opposite party.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR……………..MEMBER                      

SH. OM PARKASH TUTEJA…………MEMBER        

Present:         Sh. S.P. Toksia, Advocate for complainant.

Opposite party already exparte.

ORDER:-

          In brief, the case of complainant is that opposite party (hereinafter referred as OP) is doing the business of manufacturing and selling of Haramba Thresser, Doli Thresher etc. The complainant was in need of a Alivitor alongwith basket (Tokri), Tyre Hissa etc, hence complainant approached to op on 03.02.2021 and op demanded total amount of Rs.3,75,000/- from complainant. The complainant had paid an amount of Rs.40,000/- as advance money to the op on 3.2.2021 and op had to deliver the above said items on 11.3.2022 ( actually 11.3.2021) and op had also issued a writing to the complainant on its letter pad. That thereafter on 11.3.2021 complainant visited to op and asked him to deliver the above said Alivitor but op asked to the complainant that same has not been prepared and sought some time and thereafter also op put off the matter on one pretext or the other and till today neither op has given said alivitor nor has refunded the amount of Rs.40,000/- to the complainant and has flatly refused in this regard. The complainant also got served a legal notice dated 7.6.2022 to the op but to no effect and the op is unnecessary harassing the complainant. Hence, this complaint.

2.       Notice of the complaint was issued to the op which received back with the report of refusal and a copy of notice was also pasted on his shop. Thereafter, as none appeared on behalf of op, therefore, op was proceeded against exparte.

3.       The complainant in evidence has tendered his affidavit Ex. CW1/A and documents i.e. order form Ex.C1, legal notice Ex.C2, postal receipt Ex.C3.

4.       We have heard learned counsel for the parties and have gone through the case file carefully.

5.       The complainant in order to prove his complaint has placed on file order form of the opposite party as Ex.C1, the perusal of which reveals that on 03.02.2021 complainant given order to the op regarding supply of Alivitor, Patta Tokri System for which complainant had to pay an amount of Rs.3,75,000/- to the op. It is also proved from the said document Ex.C1 that advance amount of Rs.40,000/- against the said order was paid by complainant to the op and date of delivery was 11.03.2021. It is also proved on record that op takes the order from its customers on its printed order form in which necessary details of the customer, his address, advance amount received by op, model of the item, total amount to be received by op and name of the item for agricultural work is mentioned against each columns in this regard printed on the order form. The complainant has alleged that neither op delivered the above said ordered items nor refunded the advance amount of Rs.40,000/- charged from him despite legal notice send by him, the copy of which is also placed on file as Ex. C2. Even the op despite notice sent by this Commission has failed to appear before this Commission and opted to be proceeded against exparte. As such the pleadings of the complainant as well as evidence led by complainant goes as unchallenged and unrebutted. So, it is proved on record that there is deficiency in service and unfair trade practice on the part of op as despite charging of advance money of Rs.40,000/-, the op has failed to deliver the above said items to the complainant and has also failed to refund the amount of Rs.40,000/- to the complainant.

6.       In view of our above discussion, we allow the present complaint and direct the opposite party either to supply said Alivitor alongwith other articles or to return the amount of Rs.40,000/- to the complainant alongwith interest @6% per annum from the date of filing of present complaint i.e. 19.09.2022 till actual payment within a period of 45 days from the date of receipt of copy of this order. We also direct the op to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.   

Announced:                   Member      Member                President,

Dated: 12.06.2023.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK