Orissa

Sambalpur

CC/56/2019

Deepak Kumar nayak - Complainant(s)

Versus

M/S Binaya Trading Co. - Opp.Party(s)

P.M.Dash & A.K.Mehera and Associates

13 Mar 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 56/2019

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Deepak Kumar Nayak,

S/O-Achyuta Nayak,

R/O-Kalla,Ps-Barkote,

Dist-Deogarh.                                                     ...………..Complainant

                                                Versus

M/S Binaya Trading Co.

At-Nayapara(In front of Kolkata Bazar)

PO/Dist-Sambalpur.                                          …………...Opp.Party

 

Counsels:-

1. For the Complainant                   :-Sri. P.M. Naik, Advocate & Associates
2. For the O.P.                                 :-Sri. S.N.Panda, Advocate & Associates

 

Date of Filing:19.09.2019,  Date of Hearing :XXXXX,  Date of Judgement : 13.03.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complainant in March 2019 purchased a petrol engine generator (Bharat Petrol) for Rs. 33,500/- and issued a Kaccha bill. After 10 days of the purchase the Generator when not functioned took the generator for repairing. The O.P. demanded Rs. 1800/- repairing charges although it was within warranty period of 6 months. The Complainant paid the amount. Again after two days when the generator failed to work it was taken to O.P. and the same is with O.P. The O.P. handed over a defective generator to the Complainant. After several request and pleader notice dated 23.07.2019 also the O.P. not removed the defects. Hence this case.
2. After appearance the O.P. filed version and submitted that the Complainant has not filed cash memo, delivery challan, purchase order etc. The generator has never been sold for Rs. 33,500/- with 6 months warranty nor Kaccha bill has been issued. The O.P. denied all allegations.
3. Perused the estimate of Rs. 33,500/- and pleader notice dated 23.07.2019. The O.P. has filed only a cancelled tax invoice bearing No. 3148 having GSTIN-21COJPS9357FIZL in the name of the Binary Trading Corporation Nayapara, Sambalpur. The O.P. is a trader and deals in agricultural equipment’s, diesel and Electrical pump sets, Machinaries, etc.
4. Perused the pleader notice dated 23.07.2019 and acknowledgement of the O.P. The O.P. has not given any reply to the pleader notice. After filing of the complaint when notice was issued the O.P. appeared and filed version, wherein the purchase has been denied. The O.P. denied the receipt of the pleader notice. The acknowledgement of pleader notice dated 24.07.2019 proves the false hood of the O.P. The O.P. issued the bill dated 19.05.2019 in the estimate rough receipt. The Complainant has not filed the repairing cost paid to the O.P. Mere denying the sale of the product can not save the O.P. from liability. The O.P. failed to prove why reply to pleader notice was not given after receipt of the notice. It proves the malafides of the O.P. Further not granting printed bill with GST number to the Complainant is an unfair trade practice and evasion of tax to the government by the O.P.

Accordingly it is ordered:

6698606.  

The complaint is allowed on contest against the O.P. The O.P. is directed to return back the Bharat Petrol Engine Generator with GST bill to the Complainant within one month of this order failing which the O.P. shall be liable to pay cost of the generator Rs. 33,500/- with 5% interest w.e.f. 23.07.2019 till realisation. Further the O.P. is liable to pay compensation of Rs. 20,000/- and litigation expenses of Rs. 5000/- to the Complainant.

Order pronounced in open court on this 13^th March 2023.

Supply free copies to the parties.