Complaint filed on: 09-02-2023

                                                      Disposed on: 08-11-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS 8^th THE DAY OF NOVEMBER 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LL.B.(Spl)., LADY MEMBER

Consumer Complaint No. 17/2023 

Sri. Raju S/o Late K.T.Govindaiah,

Kodipalya, Mulukunte (P),

Tumakuru Taluk, Tumakuru Dist.

              ……….Complainant 

(By Sri.C.V.Ramachandra, Advocate)

V/s

1.       Sri. M. Prakash, Branch Manager,

          Southeren Agro Engine (P) Limited,

          Sy.No.51, CMR Garden, 2^nd Main Road,

          4^th Block, HBR Layout, Bangalore-560 043.

2.       Southeren Agro Engine Private Limited,

          No.204, 3^rd Phase, Industrial Estate,

          Guindy, Chennai-600 032.

……….Opposite Parties

 (OP No.1 – Served Absent)

(OP No.2 – Anil Kumar .H, Advocate)

:O R D E R:

BY SMT.NIVEDITA RAVISH –  LADY MEMBER

          This complaint is filed by the complainant Under Section 35 of the Consumer Protection Act, 2019 against the opposite parties to direct them to pay remaining balance amount of Rs.6,000/- with interest @ 18% from the date of filing this complaint till realization and direct to pay damages of Rs.2,00,000/- towards deficiency in service, unfair trade practice of opposite parties and for mental agony caused to the complainant.

2)      Opposite party No.2 is the Southern Agro Engine Private Ltd., Chennai (hereinafter called as OP No.2) and opposite party No.1 is one Shri. M. Prakash, Branch Manager of Bangalore branch of OP No.2 (hereinafter called as OP No.1).

3)      The case of the complainant is that, on 05-11-2021 the complainant attended the Krishi Mela, at GKVK Hebbal, Bangalore to purchase the 4HP Vijay Viller Diesel Engine D03 paramveer and met with OP No.1. As per advise of the OP No.1 the complainant has booked the said diesel engine on 25-7-2022 through watsapp and send the amount of Rs.18,500/- through complainant’s account to OP No.1’s personal account to mobile No.990010588. The OP No.1 promised the complainant to deliver the said engine within two days. But the complainant has not received the booked engine. The OP No.1 has started dodging the matter in one or the other pretext and finally OP No.1 was ready to return the amount of Rs.18,500/- to the complainant. The OP No.1 has returned Rs.5,000/- on 15-9-2022, Rs.5,000/- on 17-09-2022 and Rs.12,500/- and till not refunded balance of Rs.6,000/- to the complainant. The complainant has raised the complaint regarding above matter and transactions with OP No.2. The OP No.2 has not made good response to the complainant and not returned the balance of amount of Rs.6,000/-. Hence, this complainant.

4)      Though notice served through paper publication, the OP No.1 has not appeared before this Commission. After service of notice by this Commission the OP No.2 has appeared before this Commission through his counsel and filed their version.

5)      The OP No.2 has denied the all allegations made by the complainant as false and submitted that, the complainant has not booked the engine with the OP No.2 and OP No.2 has not generated any invoice regarding booking of engine. Further, OP No.2 submitted that, the OP No.1 has not the representative or manager of the OP No.2. The complainant has made transaction with OP No.1 who was not authorized person of OP No.2. Hence, the complainant has not considered as consumer before OP No.2. Hence the OP No.2 has submitted that, they have not liable to refund the due amount of the complainant and prays for dismissal of the complaint against the OP No.2.

6)      The complainant has filed his affidavit evidence with twenty seven documents which are marked as Ex.C1 to Ex.C27. One Shri.M.Ananda Kumar S/o Maregowda, Assistant Manager of the OP No.2 has filed his affidavit evidence on behalf of OP No.2, with one document.

7)      We heard the argument of complainant and OP No.2 and peruse the written argument filed by the complainant.

8)      The points that would arise for determination are as here under:-

1. Whether complainant proves the deficiency of service on the part of OPs?

2. Is complainant entitled to the relief sought for?
3.  
9.       Our findings on the aforesaid points are as under:

Point No.1: In the Affirmative

Point No.2:As per the final order

                   for the following;

:REASONS:

Point Nos.(1) & (2):-

10)    The counsel for the complainant argued that the complainant attended the Krushi Mela at GKVK, Hebbal, Bangalore to purchase the “4 HP Vijay Villers Diesel Engine D03 Paramveer” and where, the complainant met OP No.1 and the OP No.1 gave his visiting card and advised the complainant to book the diesel engine through Whattsapp and advised to send the amount through GooglePay.  Ex.C3/copy of visiting card of OP No.1 proves that the OP No.1 has given the visiting card to the complainant.    Further, the counsel for the complainant argued that the complainant has booked diesel engine on 25.07.2022 and paid the amount of Rs.18,500-00 to the OP No.1 through GooglePay.  Ex.C6 & 7/copies of the screen shot of Google Pay are reflecting the phone number of OP No.1 as 9900108555 and cause for payment showing as “to purchase Vijay Viller Engine do3 and the same Ex.C6 and C7 are establishing that the complainant has transferred Rs.18,000-00 to the OP No.1. 

11)    Further, the counsel for the complainant has argued that the OP No.1 has not delivered the said diesel engine and OP No.1started dodging the matter in one or the other pretext.  Ex.C9 & 10/copies of Whatsapp chatting reflecting that how the OP No.1 dodging the matter.  Ex.C9 and C10 reflecting the dates as August 20, 2022, September1 2022, September2, 2022, September 14, 2022.  These exhibits reveals that the OP No.1 has not send the booked diesel engine though after  1 ½ months from the date of booking.   The complainant has admitted that the OP No.1 has refunded the total amount of Rs.12,500-00.  Ex.C12, C13, C11, copies of screen shot of payments reveals that the OP No.1 has not refunded Rs.6,000-00 to the complainant.  Further the counsel for the complainant has argued that on 24.09.2022, the complainant made a complaint to OP No.2 who was the higher authority of OP No.1 through WhatsApp message to OP No.2/company mobile number 9677095591, but till today the OPs are not refunded the balance amount of Rs.6,000-00.  Ex.C15/copy of screen shot of the contact information about OP No.2, reflecting phone number of OP No.2 as 9677095591, address of OP No.2 and e-mail ID of OP No.2.  Further, Ex.C16/copy of screen shot of Whatsapp message proves that the complainant has contacted with OP No.2 and OP No.2 has also replied for the message of the complainant.    

12)    Counsel for OP No.2 denied that the OP No.1 working with OP No.2 and OP No.1 neither related to the OP No.2 nor an authorised person to represent the OP No.2 in any exhibition.  But Ex.C15 proves the address of OP No.2, phone number and e-mail ID of the OP No.2.  Further, Ex.C16 showing the reply of the OP No.2 as “Thank you for contacting southern agro! please let us know how we can help you”.  Ex.C17, 18 are reflecting that the complainant sent screen shot of the payments which were made to OP No.1 and screen shot of conversation between OP No.1 and the complainant.   Ex.C19 is reflecting that the replies of OP No.2 as “he has paid u the money right then”, “we will dispatch at the earliest” “meanwhile my person will repay you the money”, Ex.C21 is showing that the complainant has sent screen shot to OP No.2 regarding paid amount by the OP No.1.  Ex.C22 reveals that the complainant has asked with OP No.2 for remaining balance amount payable by the OP No.1.  Ex.C23, C24 are revealing that the OP No.2 has assured on October 2, 2022, October 20, 2022 for repayment of remaining balance amount to the complainant.  Ex.C25 is establishing that OP No.2 has informed for payment of remaining balance payable to the complainant.  Ex.C26 and C27 are establishing that though so many requests, neither OP No.1, nor OP No.2 were refund the balance amount to the complainant.  Further, the OP No.2 has not produced any document to show that they have raised any complaint against the OP No.1, when OP No.1 has not authorised person of the OP No.1 and dealing with an individual as representative of OP No.2.  From Ex.C5 to C27 it is established that the OP No.1 is related and authorized person of OP No.2 and OP No.2 was aware about the transaction between the complainant and OP No.1.  When OP No.1 has made transaction with complainant as representative of OP No.2, it is the duty of OP No.2 to deliver the booked engine to complainant or refund the advanced amount to the complainant, which was not done by neither OP No.1 nor OP No.2.  This act of OP Nos. 1 & 2 is amounts to deficiency in service and unfair trade practice of the OP Nos. 1 & 2.  Hence, OP Nos. 1 & 2 are jointly and severally liable to pay the balance amount of Rs.6,000-00 with interest @ 8% PA from 25.07.2022 [which is the date when the complainant booked the diesel engine and paid the amount to OP No.1] till the payment.

13)    The complainant prays for Rs.2,00,000-00 for mental agony.  But complainant has not produced any document to show that he is entitled for compensation for Rs.2,00,000-00.  The OP Nos. 1 & 2 were not refund the balance advance amount to the complainant on so many requests and not sent the booked engine to the complainant.  Hence, the OP Nos. 1 & 2 are jointly and severally liable to pay compensation of  Rs.4,000-00 to the complainant.  The OP Nos. 1 & 2 are compelled the complainant to approach this Commission.  Hence, the OP Nos. 1 & 2 are jointly and severally liable to pay the litigation cost of Rs.6,500-00 to the complainant.  Accordingly, we proceed to pass the following:-      

:ORDER:

The complaint filed by the complainant is allowed in part with cost.

The OP Nos. 1 & 2 are jointly and severally directed to pay Rs.6,000-00 to the complainant with interest @ 8% p.a. from 25.07.2022 to till the payment.

Further, the OP Nos. 1 & 2 are jointly and severally directed to pay the compensation of  Rs.4,000-00 and litigation cost of Rs.6,500-00 to the complainant.

Further, the OP Nos.1 & 2 are jointly and severally directed to comply the above order within 45 days from the date of receipt/knowledge of the above order.

Furnish copy of this order to both parties at free of cost.