By: Smt. PREETHI SIVARAMAN.C, MEMBER
Case of the complainant:-
1. Complainant availed a loan of Rs.2,00,000/- from Punjab National bank for making agarbatti. As per the quotation given by opposite party to complainant on 09/10/2019, complainant paid the above amount and an advance amount of Rs.10,000/- to opposite party on 29/11/2019 . Complainant has got the machinery for making agarbatti worth Rs.1,00,300/- on 14/07/2020 and Bamboo stick and raw materials worth Rs.8,053/- received on 01/10/2020. However opposite party has not returned back the balance amount including the advance of Rs.51,115/- to complainant yet . Complainant called the opposite party several times for getting the balance amount, but no reply received yet.
2. Due to the deficiency in service from the side of opposite party and bad working condition of the machine, complainant is unable to make agarbatties . The received raw materials were very low quality. Hence complainant was unable to produce agarbatties in the proper manner prescribed. Due to the above reasons, complainant suffered a lot and he is unable to repay the loan. Despite the repeated requests from the complainant, the opposite party was not ready to return the money. Hence this complaint.
3. Claim of the complainant is that to give direction to opposite party to take back the machine given to complainant by opposite party, and he is entitled to get 1,08,353/- the amount he had already given to opposite party, and the balance amount of Rs.51,115/-, and he is also entitled to get two lakhs for the economic loss and another two lakhs for the mental agony and hardship he suffered.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A6. Ext.A1 is the copy of tax invoice given by opposite party to complainant dated 03/07/2020 for an amount of Rs.100,300/- , Ext.A2 is the copy of E-way bill system slip, Ext.A3 is the copy of another tax invoice given by opposite party to complainant on 01/10/2020 for an amount of Rs.8053.50/- Ext.A 4 is the copy of challan receipt for the advance payment of Rs.10,000/- by complainant to opposite party dated 29/04/2019, Ext. A5 is the quotation given by opposite party to complainant for an amount Rs.1,49,468/- . Ext A6 is the bank account statement given by Punjab National Bank.
6. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced six documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. Hence we allow this complaint as follows:-
- The opposite party is directed to refund Rs.1,59,468/- to the complainant and opposite party is permitted to take back the machine from the place where it is installed.
- The opposite party is also directed to pay compensation of Rs.70,000/- to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party also directed to pay Rs.10,000/- as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 31st day of March, 2022.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A6
Ext.A1: Copy of tax invoice given by opposite party dated 03/07/2020 for an amount
of Rs.100,300/
Ext.A2: Copy of E-way bill system slip,
Ext A3: Copy of another tax invoice given by opposite party to complainant on
01/10/2020 for an amount of Rs.8053.50/-
Ext A4: Copy of challan receipt for the advance payment of Rs.10,000/- by
complainant to opposite party dated 29/04/2019,
Ext A5: Quotation given by opposite party to complainant for an amount Rs.149468/- Ext.A6: Copy of the bank account statement given by Punjab National Bank.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
By: Smt. PREETHI SIVARAMAN.C, MEMBER
Case of the complainant:-
1. Complainant availed a loan of Rs.2,00,000/- from Punjab National bank for making agarbatti. As per the quotation given by opposite party to complainant on 09/10/2019, complainant paid the above amount and an advance amount of Rs.10,000/- to opposite party on 29/11/2019 . Complainant has got the machinery for making agarbatti worth Rs.1,00,300/- on 14/07/2020 and Bamboo stick and raw materials worth Rs.8,053/- received on 01/10/2020. However opposite party has not returned back the balance amount including the advance of Rs.51,115/- to complainant yet . Complainant called the opposite party several times for getting the balance amount, but no reply received yet.
2. Due to the deficiency in service from the side of opposite party and bad working condition of the machine, complainant is unable to make agarbatties . The received raw materials were very low quality. Hence complainant was unable to produce agarbatties in the proper manner prescribed. Due to the above reasons, complainant suffered a lot and he is unable to repay the loan. Despite the repeated requests from the complainant, the opposite party was not ready to return the money. Hence this complaint.
3. Claim of the complainant is that to give direction to opposite party to take back the machine given to complainant by opposite party, and he is entitled to get 1,08,353/- the amount he had already given to opposite party, and the balance amount of Rs.51,115/-, and he is also entitled to get two lakhs for the economic loss and another two lakhs for the mental agony and hardship he suffered.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A6. Ext.A1 is the copy of tax invoice given by opposite party to complainant dated 03/07/2020 for an amount of Rs.100,300/- , Ext.A2 is the copy of E-way bill system slip, Ext.A3 is the copy of another tax invoice given by opposite party to complainant on 01/10/2020 for an amount of Rs.8053.50/- Ext.A 4 is the copy of challan receipt for the advance payment of Rs.10,000/- by complainant to opposite party dated 29/04/2019, Ext. A5 is the quotation given by opposite party to complainant for an amount Rs.1,49,468/- . Ext A6 is the bank account statement given by Punjab National Bank.
6. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced six documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. Hence we allow this complaint as follows:-
- The opposite party is directed to refund Rs.1,59,468/- to the complainant and opposite party is permitted to take back the machine from the place where it is installed.
- The opposite party is also directed to pay compensation of Rs.70,000/- to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party also directed to pay Rs.10,000/- as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 31st day of March, 2022.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A6
Ext.A1: Copy of tax invoice given by opposite party dated 03/07/2020 for an amount
of Rs.100,300/
Ext.A2: Copy of E-way bill system slip,
Ext A3: Copy of another tax invoice given by opposite party to complainant on
01/10/2020 for an amount of Rs.8053.50/-
Ext A4: Copy of challan receipt for the advance payment of Rs.10,000/- by
complainant to opposite party dated 29/04/2019,
Ext A5: Quotation given by opposite party to complainant for an amount Rs.149468/- Ext.A6: Copy of the bank account statement given by Punjab National Bank.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
