Punjab

Sangrur

CC/604/2017

Parmod Kumar Jain - Complainant(s)

Versus

M/s Coolwave Air Condition - Opp.Party(s)

Sh.Rohit Jain

06 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 604                                                                                        

                                                                    Instituted on:  15.11.2017                                                                                             

                                                                 Decided on:    06.04.2018

 

Parmod Kumar Jain son of Sh. Mulkh Raj Jain, resident of Plot No.141-142, Pawan Enclave,  Dhuri Road, Malerkotla, District Sangrur.

                                                …. Complainant.      

Versus

 

M/s Coolwave Air Condition through its Partners Mohammad Alam & Lalit Badshah,  registered office: 500, Kishmat Complex, 5th Floor, Near Vishawkarma Chowk, G. T. Road, Ludhiana

                                                  ….Opposite party.

 

 

FOR THE COMPLAINANT:       Shri Rohit Jain,  Advocate                          

 

FOR  THE OPP. PARTY      :        Exparte

                 

 

 

Quorum

                            

 

Sarita Garg,  Presiding Member

Vinod Kumar Gulati, Member

                 

 

ORDER:  

 

 

Sarita Garg, Presiding Member

 

1.             Parmod Kumar Jain, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on approaching/ believing  the OP, he  placed an order of  8 Air Conditioners  for an amount of Rs.3,25,000/- on 17.04.2017.   It was agreed  that Rs.90000/-  will be paid on account of fitting, material and labour.  The terms and conditions  were written in writing on the letter head of the complainant.  The complainant paid Rs.2,00,000/-  to OP vide cheque number 215991 and  complainant requested  so many times  to OP to supply the goods but they put off the matter on one pretext or the other and later on asked the complainant to pay Rs.1,00,000/- more . The complainant paid Rs.1,00,000/-  through NEFT on 05.05.2017 but  the OP failed to supply the Air condition to the complainant. After that the OP told the complainant they are unable to supply the goods  and became ready to return the above said amount of Rs.3,00,000/-  and issued cheque number 007523 dated 16.06.2017  for Rs.50,000/-  and cheque number 007524 dated 23.06.2017 for Rs.50,000/- The complainant presented  the cheque number 007523  for Rs.50,000/-  but the same was dishonoured  by the bank.    Thus, alleging unfair trade practice on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to pay Rs.3,00,000/- along with interest @12% per annum from the date of payment  till payment,

 

ii)     OP be directed to pay to the complainant a sum of Rs.1,50,000/- on account mental agony and harassment and  Rs.22000/- as litigation expenses.

2.             Notices was sent to the OP  and earlier on 06.02.2018 OP had appeared through Shri M.D. Alam but  later on none has appeared for the OP and as such OP was proceeded exparte.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-11 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that it is the case of the complainant that believing the OP, he placed an order of 8 Air Conditioners for an amount of Rs.3,25,000/- on 17.04.2017 and   it was agreed that Rs.90000/-  will be paid on account of fitting, material and labour. The terms and conditions  were written in writing on the letter head of OP of the complainant which is evident from copy of  purchase order Ex.C-2  and letter Ex.C-3. The complainant has produced on record copy of statement of account dated 14.11.2017 which is Ex.C-4 which shows that the complainant had paid an amount of Rs.2,00,000/- on 17.04.2017 and paid an amount of Rs.1,00,000/-  on 05.05.2017 to the OP.  The complainant has further stated that he paid Rs.2,00,000/-  to OP vide cheque number 215991 and  complainant requested  so many times  to OP to supply the goods but they put off the matter on one pretext or the other and later on OP told him to pay Rs.1,00,000/- more  and then he paid Rs.1,00,000/-  through NEFT on 05.05.2017 but  the OP failed to supply the Air condition to the complainant. After that the OP told him that they are unable to supply the goods  and  ready to return the above said amount of Rs.3,00,000/-  and  they issued cheque number 007523 dated 16.06.2017 for Rs.50,000/- and cheque number 007524 dated 23.06.2017 for Rs.50,000/- The complainant presented  the cheque number 007523  for Rs.50,000/-  but the same was dishonoured  by the bank. The OP did not appear and contest the case of the complainant and remained exparte in the case.  As such evidence produced by the complainant has gone unrebutted on record.     

5.             For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.3,00,000/- alongwith interest @9% per annum from the date of filing of the complaint till realization. We further order the OPs to pay to the complainant an amount of Rs.3000/- on account mental pain agony and harassment and Rs.2000/- as litigation expenses.       

6.             This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                April  06, 2018

 

 

 

                 (Vinod Kumar Gulati)       ( Sarita Garg )                                                                                                                                                                                                                        Member                                                 Presiding Member