Jharkhand

Bokaro

CC/104/2022

Dipali Prasad - Complainant(s)

Versus

Manager Softech Agency - Opp.Party(s)

27 Feb 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-21-06-2022

Date of final hearing-27-02-2023

 Date of Order-27-02-2023

Case No. 104/2022

Dipali Prasad W/o Madan Lal

R/o Sector-3/A, Qr.No. 359, Bokaro Steel City

Vs.

Manager/Owner Softech Agency,

H/A-14, City Centre, Sector-4, Bokaro Steel City

 

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. None turned up on behalf of complainant on repeated call. Learned counsel for O.P. is present. It reveals from the record that this case is pending at the stage of argument in which complainant is absent since long therefore, heard argument of O.P. and in the given facts as per provision of Section 38 (3) (c) Consumer Protection Act. 2019 case has been taken up for decision on merit on the basis of materials available on record.
2. Complainant’s case in brief is that she purchased a Fridge and a Deep freezer from O.P. under finance from SBI Sector-4, Main Branch, B.S.City, Bokaro  on Rs. 60,000/-. Grievance of the complainant is that the fridge which was promised not delivered rather a Voltage 32 Lt. Viri Cooler of Rs. 35,900/- instead of the quotation of fridge of Rs. 23,800/-has been supplied  hence complainant requested the O.P. for return of said item and to supply the fridge as per quotation which has not been complied inspite of repeated requests. Hence this case  has been filed with prayer to direct the O.P. to replace the fridge as per quotation or refund the different price of Rs. 12,100/- with interest @ 18% and to pay compensation of Rs.5000/- and litigation cost of Rs. 5000/-.
3.  As per W.S. complainant has kept this Commission in dark rather she purchased three items through two tax invoices first vide SA/97/22-23 dt. 11.05.2022 Voltas Deep Freezer 320 Ltd. and LG Fridge total for Rs. 60,000/- and second item is Voltas VC Cooler of Rs. 32,500/- vide invoice No. SA/97/22-23 dt. 11.05.2022 because she was to purchase first  two items on finance by the Bank and last item by making promise to pay herself. Further reply is that complainant never requested this O.P. for return of the VC Cooler rather she has made false allegations with ulterior motive. Further reply is that complainant has not approached this Commission with clean hand rather she has suppressed the truth who was ex-employee of LG Service Centre and familiar to the O.P. and on believing her, third item was delivered to her without its payment but now O.P. realized that he has been deceived and induced by the complainant who has already received all the items with due receipt but has filed false case.
4. Now, point for consideration is whether complainant is entitled to get relief as claimed ?
5. In support of its case complainant has filed photo copy of invoice related to purchase of two items but she has not filed any paper to support the allegation as mentioned in the complaint petition. If contention of  the complaint is taken true then complainant has received the goods of more value than the goods purchased.  On other hand O.P. has produced photo copy of tax invoice No. SA/97/22-23 dt. 11.05.2022 through which Deep Freezer 320 Lt. and LG Fridge of Rs. 27,119/- and Rs. 23,800/- (excluding the GST) respectively have been supplied with due receipt of the complainant and the transporter has already delivered all the three items to the complainant and has received its delivery charge (Photo copy of receipt annexed). Photo copy of E-mails sent by the Bank to the O.P. shows that on full satisfaction and verification Bank has made payment of Rs. 60,000/- to the O.P. Contrary to it there is no any material on record to prove the case of the complainant.
6. In light of above discussion we are of the view that complainant has not proved her case for grant of relief as prayed , accordingly this case is being dismissed with cost.

 

(J.P.N. Pandey)

                                                                                      President

 

 

(B.P.L Das)

   Sr. Member

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member