DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 29th day of February 2020
Present: Sri.V.P.Anantha Narayanan, Member(President I/c)
: Smt.Vidya.A, Member Date of Filing: 17/07/2019
CC/197/19
Mohanan.K,
S/o.Kuttamani,
Near Padma Balaji, - Complainant
NIDA, Kanjikkode,
Palakkad.
(By Advs.M.P.Ravi and M.J.Vince)
V/s
M/s.Everon Impex,
10/231-Pirivusala,
Chandranagar, -Opposite party
Palakkad – 678 007.
Rep. by its Proprietor
O R D E R
By Smt.Vidya.A, Member
Brief facts of the complaint
The complainant is running a cement brick making unit and earns his livelihood form that business. The opposite party is conducting business in the name M/s.Everon Impex engaged in the supply of machineries.
The opposite party had assured the complainant that if he purchases machineries from him, the machineries will be of high quality and the same would be free from maintenance for one year. Believing this, the complainant has placed an order for purchasing certain machineries from the opposite party. For that purpose on 23/06/2017 he transferred an amount of Rs.4,70,000/- to the opposite party from his account maintained with Karur Vysya Bank Ltd., Palakkad. After receiving the payment, the opposite party delivered certain items in the purchase order such as manually operated concrete block making machineries with motor, trolley, Shifting trolley, concrete mixer worth Rs.1,55,400/- and issued an invoice for the same on 30/06/2017. The opposite party promised to deliver the remaining items and automation of the machineries already supplied within a short period. However they had not done it so far. Some of the machineries supplied by the opposite party were not working properly and it was intimated to the opposite party on 20/07/2017. In spite of his repeated requests, the opposite party did not rectify the defects. The hydraulic machine and the mixer machine supplied by the opposite party were not working properly. The lift which was promised to be installed by the opposite party was not done and it caused trouble to the proper working of other machineries.
The opposite party had not supplied the remaining machineries as agreed and as a result, the complainant was unable to run his business unit smoothly. Due to the inefficient working of the machineries supplied by opposite party, the complainant was unable to fulfill the orders placed by his customers on time.
The non - supply of ordered items by the opposite party after receiving the full payment and the acts of not repairing the defective machineries or replacing the same amounts to deficiency of service on their part. Such acts of the opposite party had caused inconvenience to the proper working of his business unit and caused mental agony to the complainant. So he sent a Lawyer’s notice to the opposite party on 27/06/2019 for which the opposite party did not reply.
Hence this complaint was filed praying for giving directions to the opposite party to pay a sum of Rs.1,61,000/- as compensation (for mental agony Rs.50,000/-, for the difficulties caused due to the non – supply of machineries Rs.1,00,000/- for the trouble caused to the smooth working of his unit Rs.10,000/- and cost of Lawyers’ notice Rs.1,000/-) and for directing the opposite party to return the amount of Rs.3,14,600/- along with interest at 12% from 23/06/2017 till the date of actual payment and the cost of litigation.
Complaint taken on file and notice issued to the opposite party. But notice to the opposite party returned stating “door locked”. Hence notice “deemed to be served”. The Opposite party’s name called absent and set ex-parte.
From the side of the complainant, chief affidavit filed. Ext.A1 to A4 marked.
The following issues are considered
- Whether there is any deficiency of service on the part of the opposite party and whether they have indulged in any unfair trade practice?
- If so, what is the relief as to cost/compensation?
Heard.
We have perused the chief affidavit and Exhibits produced from the side of the complainant. Ext.A1 is the invoice issued by the opposite party dated 30/06/2017 for an amount of Rs.1,55,400/-. Ext.A2 is the Lawyer’s notice issued to the opposite party dated 27/06/2019. Ext.A3 is the order form issued by the opposite party. Ext.A4 is the certified bank statement showing the transfer of Rs.4,70,000/- to the opposite party.
Ext.A3, the order form dated 18/10/2016 clearly shows that the complainant placed an order for five items for an amount of Rs.4,70,000/- and Ext.A4 the Bank statement issued by Karur Vysya Bank, Palakkad shows that an amount of Rs.4,70,000/- was transferred to the opposite party’s account on 23/06/2017. So it is clear that the opposite party had received the full amount. After receiving the full payment, the opposite party is bound to supply all the machineries mentioned in the order. But Ext.A1, the invoice dated 30/06/2017 issued by the opposite party shows that they have supplied only few machineries for an amount of Rs.1,55,400/-. The non-supply of the remaining machineries after receiving the full payment is a clear deficiency of service on the part of the opposite party. Further, as per the complaint some of the machineries supplied by the opposite party were not working properly and this caused inconvenience to the smooth working of his business unit.
The acts of non-supply of machineries after receiving the full payment and not curing the defects or replacing the products amounts to clear deficiency of service and it also amount to cheating of customers by means of unfair trade practice.
As a result, the complainant suffered mental agony as he was unable to fulfil the requirement of his customers which needs to be compensated. Further the opposite party is bound to repay an amount of Rs.3,14,600/- to the complainant for the non-supply of machineries.
As the opposite party remained ex-parte, the evidence adduced by the complainant stands unchallenged.
Hence the complaint is allowed.
We direct the opposite party to refund the amount of Rs.3,14,600/-(Rupees Three lakhs Fourteen thousand and Six hundred only) to the complainant. Further we direct the opposite party to pay an amount of Rs.75,000/-(Rupees Seventy Five thousand only) as compensation for the mental agony, for the difficulties caused due to the non-supply of machineries and for the trouble caused to the smooth working of the complainant’s business unit and to pay an amount of Rs.5,000/- (Rupees Five Thousand only) as cost of litigation.
Order shall be complied within one month from the date of receipt of this order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 29th day of February 2020.
Sd/-
V.P.Anantha Narayanan
Member(President I/c)
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1– Retail invoice issued by opposite party to the complainant dated 30/6/2017.
Ext.A2 – Returned lawyer notice with postal receipt and acknowledgment.
Ext.A3 – Order form issued by opposite party to the complainant dated 18/10/2016.
Ext.A4 – Bank account statement of complainant.
Exhibits marked on the side of Opposite parties
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite parties
NIL
Cost : Rs.5,000/-
