Orissa

Cuttak

CC/41/2016

M/s Medcure Hospital - Complainant(s)

Versus

Managing Director,BLU Engineers Pvt Ltd - Opp.Party(s)

R K Pattanaik

27 Feb 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.41/2016

 

M/s. Medcure Hospital,

Represented through its Proprietor

Sri Pabhudatta Panda,

At:Rajendra Nagar,Cuttack.                                                           … Complainant.

 

                Vrs.

 

The Managing Director,

BLU Engineers Pvt. Ltd.,

Regd. Office at 48,Shaktinagar,

Arunodaya Market,Dist:Cuttack.                                                   … Opp. Party.

 

Present:  Sri Bichitra Nanda Tripathy, Presiding Member.

    Smt. Sarmistha Nath, Member (W).

 

Date of filing:   29.03.2016.

Date of Order: 27.02.2017.

 

For the complainant: Sri R.K.Pattnaik,Advocate & Associates.

For the O.P.                : None.

 

Sri Bichitra Nanda Tripathy,Member.

                The complaint is against deficiency in service and unfair trade practice on the part of O.P.

1. The complaint in short is that the complainant wanted to purchase a (stretcher lift 15 passenger G+4(1020 kg) for his Hospital.  The O.P gave a quotation dt.20.3.15 indicating technical specification and price of the said lift (Annexure-1).  The O.P received an advance of Rs.1,00,000/- from the complainant and issued a proforma invoice No.1/1005 on 18.4.2014.  Against the total cost of the lift amounting to Rs.10,89,000/- the complainant had paid Rs.1,00,000/- as advance and rest amount i.e. Rs.9,89,000/- was to be paid(Annexure-2).  After receiving the advance thus paid, the O.P neither confirmed the order nor intimated that the lift is ready for dispatch.  Since the lift was not supplied by the O.P within the stipulated period of 3 months, the complainant contacted the O.P over telephone but the O.P did not respond.  The complainant finding no other way purchased another lift from another organization for use in his hospital and requested the O.P to refund the advance amount of Rs.1,00,000/- vide e.mail dt.19.1.16.(Annexure-3) but in vain.  Finding no other way, the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.P  for refund of the advance amount of Rs.1,00,000/- along with interest @ 12% from the date of payment i.e. 20.3.2015, compensation for mental agony and harassment amounting to Rs.50,000/- and cost of litigation amounting to Rs.20,000/-.
2. The O.P entered appearance but neither participated in the hearing nor submitted any written version.
3. We have gone through the case in details, perused minutely the documents, papers as filed by the complainant, heard the complainant at length and observed that the complainant had advanced a sum of Rs.1,00,000/- to the O.P for purchase of a lift.  As per proforma invoice No.P1/1005 dt.18.4.15 cost of such lift was Rs.10,89,000/- including vat of which Rs.1,00,000/- was received as advance by the O.P vide money receipt No.1042 dt.20.3.2015.  The load/speed of the lift for which the advance was made was 15 persons (1020 kgs)/0.65 mtr. per sec. and was for 4(G+03) floors.  The delivery period was 3 months.  The order was neither confirmed by the O.P nor the lift was supplied to the complainant within the stipulated period of 3 months.
4. Even if several opportunities were given to the O.P, the O.P neither contested the case nor submitted any written version for which we are constrained to accept the uncontroverted statements of the complainant in view of the observations made by the appellant forums in various cases as stated below:

 

1. 20032-CLT-Vol.96,P-15-para-4 C.D Case No.37/2002(S.C.D.R.C,Odisha).

“Absence of written version, Commission is bound to accept the uncontroverted statement made in the complaint.”

2. 2013(1) CPR-500 (N.C).

“In case written version is not filed after several opportunities, it has no defense on merit.”

5. Basing on the facts and circumstances as stated above and to meet the ends of justice, we have allowed the case against O.P for unfair trade practice and also for deficiency in service.

ORDER

                                The O.P. will refund a sum of Rs.1,00,000/- to the complainant with interest @ 12% per annum from the date of payment by the complainant i.e. 20.3.2015 till date of payment.  The O.P will also pay a sum of Rs.10,000/- towards cost of litigation.

                The above payments shall be made to the complainant within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th   day of February,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                          Member.

 

                                                                                                (Smt. Sarmistha Nath) 

                                                                                                 Member(W).