By Sri. MOHANDASAN.K, PRESIDENT

The complaint in short is as follows: -

1.         The complainant submitted that the opposite party claimed to be a dealer in motor pumps in Bangalore and the complainant approached the opposite party for getting two Siemens motors of 15 HP and 20 HP with RPL 1440/-. On enquiry regarding the availability of the required HP with the opposite party the opposite party send the pictures of the ABB motors of different HP keeping the same quality and standard as Siemens motors in his go down through watts up and the complainant was made believe that the opposite party has sufficient stocks of motors in his shop to satisfy his requirement.  The price of the motors required by the complainant   was fixed as Rs. 35,000/- for the 15.45,000/- for the 20 HP ABB motors. As a matter of fact, the complainant has transferred Rs.60,000/- on 24^th September 2021 from his account in the South Indian bank branch Perinthalmanna and another Rs.10,000/- on 25^th September from the same account of the south Indian branch Perinthalmanna branch to the account of the opposite party having his account in Kotak Mahindra Bank A/c No.5612951801.  The opposite party had agreed to deliver the motors to complainant’s address at Perinthalmanna within one month of the payment and the balance amount of Rs. 20,000/- to be paid on delivery of the product by the opposite party.

2.         The complainant after transferring the huge some towards the price of two motors waited for several months and the opposite party failed to deliver the product as promised and on all occasions of the phone calls the opposite parties stated lame excuses or the other and delayed the delivery of the product.   Now the opposite party is evading the call of the complainant   and neither there is delivery of product nor return of the price paid by the complainant with interest.  The act of the opposite party amounts deficiency of service   and unfair trade practice.  The opposite party has been accepted 80% huge amount promising to deliver the product.  Hence the complainant pray for the refund of the amount along with cost  and compensation for mental agony and loss sustained by the complainant .  The complainant prayed 18% interest on the amount of Rs.70,000/- paid by the complainant to opposite party from 24/09/2021 and prayed compensation of Rs.20,000/- towards mental agony and suffering caused to the complainant.

3.         On admission of the complaint, notice was issued to the opposite party and despite service of notice the opposite party did not turn up. Hence the opposite party’s name was called and set exparte.

4.         The complainant filed exparte chief affidavit in lieu of evidence. The documents produced by the complainant   marked as Ext. A1 series which are the printout of email communications. There is no contra evidence against the case of the complainant.  The case of the complainant   stands proved   through the affidavit and through Ext. A1 document.  In the absence of contra evidence, we find the case of the complainant stands proved and we allow this complaint as prayed by the complainant.

1. The opposite party is directed to pay Rs.70,000/- (Rupees Seventy thousand only) with interest at the rate of 18% from 24/09/2021 to till the date of order.
2. The opposite party is directed to pay Rs.20,000/- (Rupees twenty thousand only) as compensation on account of deficiency in service and thereby caused mental agony  and sufferings  to the complainant.
3. The opposite party is directed to pay Rs.10,000/- (Rupees ten thousand only) as cost of the proceedings.

The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the opposite party is liable to pay interest at the rate 12% per annum for the said entire amount from the date of order to till date of payment.  

Dated this 30^th  day of June , 2023.

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

Ext.A1: (series) printout of email communications.

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