Punjab

Faridkot

CC/19/286

Guru Kirpa Agriculture Society - Complainant(s)

Versus

Kissan Agrotech - Opp.Party(s)

Ashu Mittal

11 Mar 2020

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

                                                        C.C. No. :               286 of 2019

                                                        Date of Institution :   09.12.2019

                                                        Date of Decision :     11.03.2020

Guru Kirpa Agriculture Society through its President Babu Singh son of Harbans Singh, resident of Village Wander Jatana, Tehsil Kotkapura, District Faridkot.                      

.....Complainant

Versus

1. Kissan Agrotech, Near Maruti Showroom, Kotkapura Road, Faridkot through its proprietor.
2. Patial Discs Corporation, Patiala By-Pass, Village Nealpur, Near Railway Crossing, Rajpura through its MD.

                                          ..............OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh. Ajit Aggarwal, President,

               Smt Param Pal Kaur, Member.

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Present: Sh Ashu Mittal, Ld Counsel for Complainant,

              OPs  Ex parte.

 

ORDER

(Ajit Aggarwal, President)

                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs for supplying defective super seeder purchased against proper bill and for seeking directions to OPs to refund the amount of Rs.1,05,000/-with interest and for further directing OPs to pay Rs.2,00,000/- as compensation for harassment and mental tension suffered by complainant alongwith litigation expenses.

2                             Briefly stated, the case of the complainant is that Punjab Government launched a scheme to tackle the problem of stubble burning and urged the small farmers to make a society and to purchase super seeder and also promised to give subsidy upto 50% on price of super seeder. It is submitted that small farmers of village Wander Jatana formed a society named as Guru Kirpa Agriculture

 

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Society and complainant is the President of that society and said society purchased a super seeder from OP-1. OP-2 is the manufacturer of said super seeder. Price of super seeder was Rs.2,10,000/- and complainant society paid Rs.1,05,000/-to OP-1 after availing subsidy against bill dated 17.10.2019. Complainant society also purchased some more agriculture items from OP-1 against proper bills. It is submitted that since purchase, super seeder purchased by complainant did not function properly as it did not pour wheat and chain used to break on every short interval. Complainant approached OP-1, who gave contact number of OP-2 and on complaint of complainant, OP-2  sent his mechanic, who after thoroughly checking the said super seeder told him that there is some manufacturing defect in super seeder that cannot be rectified. It is further submitted that sowing season is over but OPs did nothing to rectify the defect. All members of society are unable to sow wheat crop in their lands and they have to pay other persons for sowing wheat crop. Non functioning of super seeder has caused huge loss to all farmers. Complainant made several requests to Ops to replace the product or to refund the price of said super seeder,

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but all in vain. Grievance of the complainant is that OPs deliberately sold the defective product to complainant and despite his several requests to them, they have not done anything needful to replace the said defective super seeder and have also not refunded its price. This act of OPs has caused huge inconvenience, harassment and mental agony to complainant, which amounts to deficiency in service. He  has prayed for directions OPs to refund the amount of Rs.1,05,000/-paid by him alongwith interest and for further directing them to pay Rs.2 lacs as compensation for harassment and mental agony suffered by him. Hence, the present complaint.

3                                     Ld counsel for complainant was heard with regard to admission of the complaint and vide order dated 10.12.2019, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                     Notice issued to OP-2 through registered cover did not receive back undelivered and it was presumed to be served to OP-2. Acknowledge might have been lost in transit. As per

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office report, notice sent to OP-1 alongwith copy of complaint and other relevant documents was duly served, but despite having sufficient knowledge of complaint, nobody appeared in the Forum on date fixed on behalf of OP-1 and OP-2 and then, after long waiting till 4 p.m. when no one appeared on behalf of OPs either in person or through counsel, then, vide order dated 10.02.2020, both OP-1 and OP-2 were proceeded against exparte.

5                        Complaint party was given proper opportunities to produce evidence to prove its case. Ld counsel for complainant tendered in evidence affidavit of complainant Ex.C-5 and documents Ex C-1 to C-4 and then, closed the evidence.

6                              OPs are exparte in present case and thus, there is no rebuttal from Opposite side.

7                                 We have heard the exparte arguments advanced by ld counsel for complainant and have very carefully gone through the evidence and documents placed on record by complainant party.

 

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8                            From the careful perusal of record and after going through evidence and documents produced on file by complainant, it is observed that case of complainant is that complainant society purchased a super seeder from OPs on 50% subsidy. Said super seeder was defective as it did not work properly even just after the purchase. It did not served the purpose for which it was bought as it did not pour the wheat and chain was used to break just after short interval of time. Grievance of society is that despite repeated requests OPs did not bother to repair or to remove the defect from said super seeder. Super seeder was not worthy to work and due to non functioning of said product sold by OPs, complainant had to suffer huge harassment and inconvenience. All this amounts to deficiency in service and he has prayed for accepting the present complaint. On the contrary, there is no rebuttal from opposite side.

9                               To prove his pleadings, ld counsel for complainant has brought our attention towards document Ex C-1 which is Certificate of Registration of Societies No.0283 of 2019 that reveals the fact that small farmers of village Wander Jatana, District Faridkot

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made society for purchase of super seeder. Ex C-4 is copy of bill dated 17.10.2019 that further proves their pleading that Super Seeder worth Rs.2,10,000/-was sold by OPs to complainant society. Ex C-2 is copy of resolution passed by society that shows the grievance of small  farmers who are members of said society. It clearly depicts the fact that all members were aggrieved by the act of OPs for providing them defective super seeder and it also brings before the Forum that despite several repeated requests, OPs did not do anything needful to repair or replace the said super seeder. Through his affidavit Ex C-5 complainant has reiterated his grievance and has made request for direction to OP to refund the amount paid by their society for purchase of said defective super seeder.

10                              We have thoroughly gone through the file and have carefully perused the documents produced on record by complainant party. It is observed that grievance of complainant is that despite his repeated requests, OPs did not do anything to repair the said super seeder. OPs paid no heed to redress the grievance of complainant society. Act of Ops in not providing effective and proper services by

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not removing the defect from said super seeder, is not appropriate and it amounts to deficiency in service on their part. Had they taken care of complaint and requests made by complainant society and provided requisite and effective services by repairing the said super seeder, fate of complaint would have been different. Complainant has produced sufficient and cogent evidence to prove his pleadings and all the documents placed on record by complainant are authentic and are beyond any doubt.

11                                From the above discussion and keeping in view the evidence placed on record by complainant, it is observed that there is deficiency in service on the part of OPs in not providing effective services. Therefore, complaint in hand is hereby allowed with direction to OPs to replace super seeder purchased by complainant society with new one of same model and deliver the same after making thorough checking and testing the product. Opposite Parties are further directed to pay Rs.5,000/- to complainant as consolidated compensation for harassment and mental agony suffered by him as well as for cost of

 

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 litigation incurred by him on present complaint. Compliance of this order be made within one month of the receipt of the copy of the order, failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost. File be consigned to the record room. 

Announced in Open Forum

Dated: 11.03.2020

                                      (Param Pal Kaur)                 (Ajit Aggarwal)  

 Member                             President