DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.102 OF 2014
Arun Kumar Patel ( 46 Years.)
S/O: Late Gunasagar Patel,
R/O: Sriramnagar, Mahesdihi, Ps: Town,
Dist- Sundargarh, Odisha,……………………………..……..………. Complainant.
Versus
Propritor,
Mamata Marbals, Jharsuguda,
At-Beheramal,
PO /PS/Dist: Jharsuguda,Odisha…..……………….........../................ Opp. Party.
Counsel for the Parties:-
For the Complainant Shri H.S. Agrawal, Adv. & Associates.
For the Opp. Party Shri D.K. Jain, Adv. & Associates.
Date of Order: 20.09.2016
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
Shri S.L.Behera, President: - The brief facts of the complainant’s case is that, he has purchased 1115 Sqft of Tiger Skin and Rosy Pink colours of granites amounting Rs.64,500/- from the O.P on dtd. 09.06.2014. The complainant again on dtd. 20.08.2014 purchased 290 Sqft of pink marbles and 121.63 Sqft of fantasy brown granites on advance payment of Rs.33,029/- only. Due to transportation problem the complainant left 5 pieces of fantasy brown purchased granites with the O.P with a condition that the O.P. will send the same by his own arrangement and O.P kept the same by taking signatures in every pieces of said granites. The O.P send the same after a long period of time while the complainant’s house was under construction and the same was sent some other pieces in place of the said 5 pieces of granites kept by the O.P. The complainant requested the O.P to supply the actual 5 pieces of fantasy brown granites with bills thereof but the O.P did not. The complainant suffered irreparable injuries due to breakdown of construction of his house as such the complainant alleging deficiency in service and unfair trade practice, filed this case against the O.P.
Being noticed, the O.P. appeared and filed written version. The O.P submitted the details of purchasing’s by the complainant of marbles and granites such as the complainant purchased 766 Sqft of granites on dtd. 10.06.2014 @ Rs.72/- per Sqft amounting Rs.64,000/- only in total including VAT, Labour Charges which was paid by cheque on the same day. Again the complainant purchased granites and marbles on dtd. 21.08.2014 having 194.44 sq.ft of granites @72/- per sq.ft and 96.37 sqft if marbles @ Rs.65/- only per sq.ft. The total value became Rs. 23,000/- only which was also paid by the complainant by cheque. The complainant could not arrange vehicle on 21.08.2014 and lifted the said purchased materials on 29.08.2014 and 30.08.2014 by his own hired vehicle and labour charges. The O.P further submitted that the complainant requested for some special concession in price saying that he is the President of Consumer Forum at Sundargarh but when the O.P expressed its inability with all curtsey the complainant indirectly warned the O.P for legal action. Treating as frivolous and vexatious complaint of the complainant the O.P prayed for dismissal of case.
Heard from both the sides in length and gone through the materials available in the case record. The complainant has filed Xerox copies as well as original copies of rough estimate dtd. 09.06.2014 and 20.08.2014 amounting Rs.64,500/- and Rs.23,029/- only respectively. The O.P has filed Retail Invoices dtd. 10.06.2014 amounting Rs.64,000/-, dtd.29.08.2014 amounting Rs.15,890/-, dtd. 30.08.2014 amounting Rs.7,110/- and also details of ledger account of purchasing done by the complainant amounting Rs.87,000/- in total. All the documents of O.P are duly sealed and signed supported with written arguments of both the parties.
By minutely observing the materials of case record, it is found that though the complainant files estimates of purchasing amounting Rs.64,500/- and Rs.23,029/- but the retail invoice shows Rs. 64,000/-, Rs.15,890/- and Rs.7,110/- ( i.e. Rs.87,000/- in total). Consideration amount has no dispute rather the whole dispute is moving around on the 5 pieces of fantasy brown granites left with the O.P. Whether the said 5 pieces of granites were left by the complainant before the O.P and whether the O.P. has sent some other pieces of granites to the complainant other than the selected granites which the O.P clearly denied stating that the complainant has lifted the purchased marbles and granites dtd.21.08.2014 were lifted by complainant himself on 29.08.2014 and 30.08.2014 by his own hired vehicle and labour charges. For proper adjudication of the present case various witnesses and evidences are required to reach to the conclusion.
The O.P also contended that the complainant has disclosed his identity as the President of Consumer Forum, Sundargarh and demanding special concession and while the O.P expressed his inability, the complainant threatened against legal action to the O.P. But here in this case the complainant presented himself as a consumer and not identifying himself as the President of Consumer Forum. Once again it is hard to say that, whether the complainant has disclosed his identity before the O.P. or not ?
Buying of any goods or hiring of any service or services are not barred to any individual whether any President of consumer fora, any high level Government officials or any body else rather infact each and every individual can be a consumer / customer / complainant by buying any goods or hiring of any service as per the provisions mentioned in the Consumer Protection Act,1986.
As the Consumer Foras are based on adopting summary procedures and the present case requires volumes of evidences and witnesses for examination and cross examinations to conclude the matter, hence the present case is hereby dismissed with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 20th day of September’ 2016 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
