O R D E R.
By Smt. Beena. M, Member:
Brief facts of the case:-
The Complainant is the Director of M/s Issac Peter & Co.Pvt. Ltd., Sulthan Bathery, which is under the construction. The Opposite Party is the supplier of roofing sheets and other related parts. Pursuant to the invitation of quotation for roofing sheet, the Opposite Party had submitted Performa invoice and had quoted to issue pioneer PUF insulated continuous Roof panel with measurements of 6.60 Meters x 17 numbers and 7.30 Meters x 17 numbers. The Opposite Party had also assured that he is one of the best traders in supplying 50 mm, PUF insulated continuous roof panels in all Kerala basis. By believing the words, on 05-12-2019 the Complainant had paid Rs.1,80,000/- and on 24-01-2020 paid Rs. 1,83,547/- by NEFT to the Opposite Party’s bank account. After receiving the amount the Opposite Party informed to the Complainant that he will deliver the roofing materials as per the quotation immediately within a few days. But the Opposite Party had not delivered the roofing sheet as promised by them. After several communications made by the Complainant, the Opposite Party, instead of supplying the item had sent three cheques for Rs.1,83,457/- for Rs.1,80,000/- and Rs.25,000 dated 03-03-2020. After issuing the cheques the Opposite Party had informed the Complainant that the cheques may be present to the bank only after getting communication from him. The Complainant waited for his communication about his deposit in his bank. But no further communication was received from the Opposite Party. Thereafter, on 23-07-2020, the Complainant issued a lawyer notice to the Opposite Party but he has neither sent a reply to the Complainant nor repaid the amount. The acts of the Opposite Party has caused huge loss and harassment to the Complainant. There is deficiency of service, untrade practice and negligence on the part of the Opposite Party. The Complainant filed this case praying the Commission to direct the Opposite Party to return the amount received by him i.e. Rs.3,63,547/-with 12% interest per annum Rs.3,00,000/- towards compensation and Rs. 25,000/-as cost of the litigation.
2. The Opposite Party remained ex-parte on 27-10-2021 since he failed to appear before this Commission in-spite of service of notice.
3. On perusal of the complaint and documents, the Commission raised the following points for consideration:-
1. Whether there is any deficiency of service, unfair trade practice and
negligence from the Opposite Party’s side?
2. Whether the Complainant is entitled to get back the amount from the
Opposite Party ?
3. Whether the Opposite Party is liable to pay any amount as
compensation?
4. Relief and cost.
4. Point No. 1 to 4 :- For the sake of convenience and brevity all the we points are considered together.
5. The Complainant adduced oral evidence. He was examined as PW-1 and the documents produced were marked as Ext. A-1 to A-7. Ext. A-1 to A-3 are the Cheques, Ext. A-4 and A-5 are the receipts, Ext. A-6 is the Lawyer notice, the quotation issued by the Opposite Party is Ext. A-7.
6. The main allegation set forth in the complaint is that, after receiving money from the Complainant the Opposite Party neither supplied the goods as they had offered nor returned the money. The very act of Opposite Party in not contesting the proceedings lead us to draw an inference that Opposite Party is admitting the claim of the Complainant. There is no reason to disbelieve the allegations made by the Complainant through his complaint duly supported by affidavit and the documents produced. As per Ext. A4 and A5 issued by the Opposite Party, the Complainant had paid the amount in advance. Therefore, we come to the conclusion that the Complainant had paid Rs. 3,63,547/- to the Opposite Party in advance. The Opposite Party has not supplied the items which in our opinion amounts to serious unfair trade practice on the part of the Opposite Party. Hence the Complainant is entitled to get back the amount which was already paid in advance. Further due to non supply of materials by the Opposite Party, the Complainant must have suffered mental agony and also came up with this case incurring unnecessary expenditure for which he is entitled for compensation and cost of litigation.
Therefore, the complaint is allowed. Opposite Party is directed to refund the amount received by him i.e. Rs.3,63,547/-(Rupees Three lakh Sixty Three thousand Five hundred and Forty Seven only) with 8% interest per annum. Further the Opposite Party is directed to pay compensation of Rs.20,000/-(Rupees Twenty Thousand only) together with cost of Rs. 5,000/- (Rupees Five Thousand only). This order is to be complied within 30 days from this day. Failing which 9% interest per annum will carry from the date of filing this case till its realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the day of 4th December 2021.
Date of filing :03.12.2020.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witnesses for the complainant:
PW1. Isson K. Jose. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Cheque No. 830037 dt:03.03.2020.
A2. Copy of Cheque No. 830038 dt:03.03.2020.
A3. Copy of Cheque No. 830039 dt:03.03.2020.
A4. Receipt. dt:27.01.2020.
A5. Receipt. dt:06.12.2019.
A6. Lawyer Notice. dt:22.07.2020.
A7. Quotation. dt:26.11.2019.
Exhibit for the Opposite Party:
Nil.
