Orissa

Cuttak

CC/112/2016

Pradeep Chauhan - Complainant(s)

Versus

M/s BLU Engineers Pvt Ltd - Opp.Party(s)

B B MIshra

08 Sep 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.112/2016

Pradeep Chouhan,

At:Thoria Sahi,PO:Buxibazar,

P.s:Mangalabag,Town/Dist:Cuttack.                                      … Complainant.

 

                Vrs.

 

 

M/s. BLU ENGINEERS PVT. LTD.,

Represented by its Authorized signatory,

At:Opposite of Sangram Theatre,

Mahatab Road,

PO:Arunodaya Market,

PS:Badambadi,Town/Dist:Cuttack.                                                    … Opp. Party.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:      25.08.2016

 Date of Order:  08.09.2017

 

For the complainant:         Sri B.B.Mishra,Adv. & Associates.        

For Opp.Party             :          None.

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case alleging deficiency in service and unfair trade practice on the part of the O.P with a prayer for appropriate reliefs as prayed for in his complaint petition.

1. The laconic facts of the complainant’s case are that he wanted to install a lift machine in his house at Emporium Lane,Mangalabag,Cuttack for his personal use and the O.P who is the dealer of the said machine agreed to supply and install it in the house of the complainant.  Accordingly the complainant paid Rs.2,01,000/- and then Rs.2 lakhs by cheque to the O.P. as advance and also obtained money receipts dt.18.6.15 and 17.12.15 respectively issued by the O.P to this effect.  An agreement under the heading “Supply, design, Erection and commissioning of passenger Elevator” was executed on 17.12.15 between the parties which interalia contained that the starting date was 18.6.15 on payment of Rs.2,01,000/-, next date of payment was 17.12.15, date of arrival of material at site full kit is 10.1.16, the date of material inspection at site is 11.1.16, the date of receipt of 3^rd  phase payment is 20.1.2016 and the date of final payment is 10.2.16.  It is to be borne in mind that out of total cost of Rs.5,36,000/- the complainant has paid Rs.4,01,000/- to the O.P as advance by 17.12.15.  Despite such payment in advance no material was supplied to the site by the O.P. by the date fixed.  Thereafter the complainant contacted Mr. Pradeep Das, the Sales Manager of the O.P about it and he assured that the machine would be supplied by 10.2.16.  Subsequently the complainant also approached S.R.Das the General Manager of the O.P for the same reason and the latter assured to look after the things but in vain.
2. Having no other alternative, the complainant sent a letter dt.12.3.16 to the O.P demanding refund of the whole amount paid to him as advance.  But strangely the O.P instead of refund of the said amount replied to the complainant demanding extra Rs.1,35,000/- in violation of the terms of agreement dt.17.12.15 and further asked the complainant to refer to clause no.6 of an alleged agreement without giving any date of it.  Thereafter the complainant sent an advocate’s notice by registered post on 2.6.16 to the O.P demanding refund of the paid amount together with interest.  On 20.6.16 the advocate of the O.P replied to the complainant’s advocate by registered post and also sent a photo copy of the so called agreement and document to his advocate and it was found that the complainant has not signed on the so-called agreement except on one page where his short name has been written with date 1.7.15.  It is further stated for sake of admitting and not conceding that if there was such an agreement dt.1.7.15, the same is invalid and ineffective and void abnitio because of execution of the subsequent document on 17.12.15.  That apart it is also stated that the so-called agreement dt.1.7.15 which does not bear the signature of the complainant on all pages is a manufactured one and prepared with oblique motive by the O.P, as such the same may be totally discarded for consideration.
3. It is further stated that the above activities of the O.P. are tantamount to rendering deficient service and unfair trade practice on its part.  It has also caused untold hardship and agony to the complainant who has incurred huge financial loss because of the O.P’s inaction. Hence it is prayed that the O.P may be directed to refund Rs.4,01,000/- together with interest @ 18% per annum which was taken as advance, to pay compensation of Rs.2 lakhs  and litigation expenses of Rs.20,000/-in the interest of justice.
4. The following documents are relied upon by the complainant in support of his contention.  Annexure-1 & 2 are the copies of money receipts dt.18.6.15  & dt.17.12.15 of O.P.  Annexure-3 is the copy of document dt.17.12.15.  Annexure4 is the copy of letter dt.12.3.16 issued by the complainant to the O.P.  Annexure-5 is the copy of reply letter dt.15.3.2016 of O.P.  Annexure-6 is the lawyer’s notice dt.02.06.2016 of the complainant to the O.P.  Annexure-7 is copy of reply dt.20.6.2016 by the lawyer of the O.P. to the complainant & to his lawyer with photo copies of alleged agreement.
5. The O.P has neither appeared nor filed any written version; as such he has been set exparte.
6. We have gone through the case of the complainant, the documents marked as annexures filed by the complainant in support of his case.  In absence of anything to the contrary reliance can be placed on the averments made by the complainant supported by the annexures stated above. The O.P. is therefore held guilty of rendering deficient service to the complainant as well as following unfair trade practice.  Hence ordered;

                                                                         ORDER

The case of the complainant is allowed exparte against the O.P.  He is directed to refund Rs.4,01,000/- to the complainant and to pay compensation of Rs.50,000/- together with litigation cost of Rs.5000/-.  This order shall take effect within 45 days from the date of receipt of copy of the order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the   8^th day of September, 2017 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                        President.

                                                                                                                  (Sri B.N.Tripathy )

                                                                                                                         Member.

                                                                                                               (Smt. Sarmistha Nath)

                                                                                                                        Member(W)