Orissa

Jharsuguda

CC/122/2019

Sri Omkar Patel S/O- Late Nilamani Patel - Complainant(s)

Versus

Mr. Ravi Agrawal - Opp.Party(s)

Self

02 Dec 2021

ORDER

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-122/2019

Omkar Patel,

 S/O-Late Nilamani Patel,

       R/o- Near L.N. College, Jharsuguda,

       Badheimunda,  Po: K.M Road,

       Ps/Dist : Jharsuguda,                                                                ..……Complainants.

     

Versus

                                                                             

1.  Mr. Ravi Agrawal,

Proprietor of United Chips,

At: Rengali, Po/Ps: Rengali,

Dist: Sambalpur. At present residing

At- Mangal Bazar, Jharsuguda,

Po/Ps/Dist: Jharsuguda.                                                     ……..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant           :-        Self.               

For the Opp. Party                :-        Sri A.K. Goel, Advocate & Associates.

 

 Present:-     1. Shri  Dipak Kumar Mahapatra, President.

                         2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 17.11.2021, Date of Order: 02.12.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief fact of the case is that, the O.P is carrying “chips supply” business in the name and style of United Chips at Rengali,under P.S-Rengali in the District of Jharsuguda. The Complainant for his requirement went to the Supervisor of the O.P named Rakesh  on dtd. 20.10.2019 for purchase of chips. The Supervisor offered him a price of  First– grade chips at Rs. 29/- per 20mm including transporting from Rengali to L.N College Jharsuguda where the Complainant resides. Thereafter the Complainant met theProrietor Ravi Agrawal of Mangal Bazar and after having discussion to pay Rs. 18,850/- for 650 cft. Including transporting charges. On dtd. 20.10.2011 the Complainant paid the above amoun to Rakesh(Supervisor) and the Chips was unloaded at the house of the Complainant through truck no- OD-23-G-7900. On observation it was found that the chips were the mixture of 50% 10mm chips and rest are dust and they are not First grade chips but a lower grade chips which were suitable for construction. Thereafter the Complainant took photographs of the mixed chips and sent them through his mobile to the mobile of the  O.P and requested him to return the total amount of Rs.18,850/-  and to take back his chips. The assured to sort out the matter very shortly. On dtd. 31.10.2019 the Complainant met the O.P personally and requested to take back the chips and return the money but the O.P denied to the request. Due to which the Complainant going through financial crisis and harassment along with metal agony and pain for the deficiency in service caused by the O.P.

The O.P, despite of service of notice he did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

 

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased chips from the O.P for house construction on payment of consideration.  The O.P provided substandard material which are not as per the promise, assurance, advertisement of the products offer for sale. He has sold lower grade material purporting to be the higher grade material which comes under Unfair Trade Practice U/S-2(47) adopted by the O.P as per the Consumer Protection Act-2019. Hence we order as under:-

ORDER.

               The Complaint petition is allowed. The O.P is directed to take back the under grade chips and refund the price of such under grade chips amounting to Rs. 18,850/- Further the O.P  is directed to pay Rs. 20,000/- (Rupees Twenty Thousand )only  as compensation for mental agony of the petitioner and Rs.5,000/- (Rupees Five Thousand ) as litigation expenses to the petitioner  within 30 (Thirty ) days of receipt of this order failing which the O.P is liable to pay penal interest of 9% per annum on the above amounts.

              

               Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

     

               Order pronounced in the open court today i.e. 2^nd day of December, 2021 under my hand and seal of this Commission.

 

                    I      agree,                                        

           

           

           MEMBER                                                                PRESIDENT.

Dictated and Corrected

  by me.

  PRESIDENT.