Date of filing:12.11.2013
Date of Disposal:5.3.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
WEDNESDAY, THE 5th DAY OF MARCH, 2014.
C.C.No.173 OF 2013.
Between :
Ch.Chakrapani, S/o Jaya Ramaiah, Hindu, R/o D.,No.31-11/11-1/2A, B.M.Road, Bandhila Doddi Center, Mogalrajpuram, Vijayawada – 10 Krishna District, Andhra Pradesh.
….. Complainant.
And
M/s Asian Industries, Rep., by its Authorized Person, Vishwasadan Building, Room No.306, 3rd Floor, District Center, Janakpuri, Near Satyam Theatre, New Delhi–110 058.
…..Opposite Party.
This complaint is coming before us for final hearing on 19.2.2014 in the presence of Sri N.Sudarsana Rao, Counsel for complainant and opposite party remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
1. The complainant on seeing the advertisement given by the opposite party about the single dye machine for manufacturing of paper plates. He contacted the opposite party through online, for which the opposite party informed that the opposite party will supply the machine for manufacturing the paper plates which is fully automatic and also supply the raw material and purchase the finished products from the complainant on payment of labour charges and the machine will carry two years warranty. Believing the same and after going through the specifications which were sent through mail, the complainant paid Rs.80,000/- on 30.1.2012 and Rs.1,03,315/- on 8.2.2012 to the opposite party through online from his S.B. Account of ICICI Bank, Vijayawada. The opposite party acknowledged the said amount and transmitted the said machine through transport. The complainant received the said machine on 6.2.2012 on payment of freight charges of Rs.3,315/-. The technicians of the opposite party installed the said machine on 20.12.2012. The opposite party also signed and delivered a memorandum of understanding with regard to supply of raw material and purchase the total production of paper plates from the complainant by paying Rs.300/- per thousand pieces. The complainant booked the finished products through transport in favour of the opposite party by paying freight charges and the same were delivered to the opposite party. While so the machine supplied by the opposite party is not working properly and the said fact was informed to the opposite party and requested them to rectify the defect in the machine and also pay the cost of the finished products supplied by him. The opposite party promised the complainant to send their technician to rectify the defect. But inspite of several requests and approaches made by the complainant, the opposite party failed to rectify the defect in the machine and also failed to pay the cost of the finished products which he received, which amounts to deficiency in service. The opposite party cheated the complainant and also other innocent customers in the same manner by saying the attractive specifications on paper and made them to believe their statements and collecting huge amounts from them. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to pay a sum of Rs.2,16,630/- to the complainant towards the cost of the machine along with interest at 24% per annum from the date of payment till realization; to pay Rs.1,00,000/- towards mental agony and to pay costs of Rs.25,000/-.
2. The opposite party was called absent and no version was filed.
3. On behalf of the complainant he gave his affidavit and got marked Ex.A.1 to Ex.A.8.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1.Whether there is any deficiency in service on the part of opposite party towards
the complainant in not rectifying the defect of the paper plates manufacturing machine which is supplied by him?
2. If so is the complainant entitled for any relief?
3.To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. The complainant on seeing the advertisement of the opposite party about the single dye machine for manufacturing of paper plates, he contacted with the opposite party online and on going through the specifications which were sent by E-mail under Ex.A.1 dated 24.10.2011 that the opposite party will supply the paper plates manufacturing automatic machine and also supply the raw material and purchase the finished product from the complainant on payment of labour charges and the machine will carry two years warranty. On believing the opposite party’s contents he sent Rs.80,000/- on 30.1.2012 under Ex.A.2 and Rs.1,03,315/- on 8.2.2012 under Ex.A.3 through online from his S.B. Account of ICICI bank Vijayawada. The opposite party received the said amount and sent the machine through transport and the complainant received the same by paying freight charges Rs.3,315/- under Ex.A.6. The technicians of the opposite party installed the said machine. The opposite party signed on memorandum of understanding and delivered the same under Ex.A.5 with regard to supply of raw material and purchase of finished product of paper plates from the complainant paying Rs.300/- per one thousand pieces. The complainant booked the finished products through transport under Ex.A.4 in favour of the opposite party by paying freight charges and the same were delivered to the opposite party. The complainant says that after few months the machine supplied by the opposite party is not working properly and the said fact was informed to the opposite party and requested to rectify the defect in the machine and to pay the costs of the finished products which were sent to opposite party. As the opposite party failed to rectify the machine, the complainant got issued a legal notice Ex.A.7 dated 23.5.2013 under Ex.A.8 through his advocate demanding the opposite party to replace new single dye machine which was supplied by opposite party on 30.1.2012 and to pay a sum of Rs.3,00,000/- towards damages for mental agony and loss of earnings of the complainant or otherwise the complainant will proceed to the court of law.
7. On hearing the submissions of the complainant, we, the Forum came to conclude that there is not only deficiency in service on the part of opposite party and there is unfair trade practice on part of him. Therefore the opposite party has liable to refund the cost of the machine which he received and also pay the compensation towards mental agony and costs to the complainant. Hence the complainant is entitled to get the same from the opposite party. Accordingly these points are answered.
POINT No.3:-
8. In the result, the complaint is allowed in part and the opposite party is directed to refund the costs of the paper plates manufacturing machine Rs.1,83,315/-; the freight charges payable by the complainant Rs.3,315/-; the costs of the finished products with freight charges Rs.4,137/- total Rs.1,90,767/- (One lakh ninety thousand seven hundred and sixty seven rupees only) with interest at the rate of 12% per annum from the date of delivery of the machine i.e., 6.2.2012 till date of realization and to pay costs of Rs.3,000/- (Three thousand rupees only) to the complainant. Time for compliance one month. Rest of the claims of the complainant are rejected.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 5th day of March, 2014.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 Ch.Chakrapani None.
Complainant
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:
Ex.A.1 . . Broacher.
Ex.A.2 30.01.2012 Deposit slip of ICICI Bank for Rs.80,000/-.
Ex.A.3 08.02.2012 Pay-in-slip of ICICI bank for Rs.1,03,315/-.
Ex.A.4 . . Bunch of courier receipts.
Ex.A.5 . . Memorandum of Understanding.
Ex.A.6 31.01.2012 Transport declaration along with Courier receipt.
Ex.A.7 23.05.2013 Office copy of legal notice.
Ex.A.8 26.05.2012 Postal receipt.
For the opposite party:-
None.
PRESIDENT
