By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to return back the money which is collected by the opposite parties and also to pay the expenses insured for installing the machineries and to pay cost and compensation due to the unfair trade practice of opposite parties.
2. Brief of the complaint:- The complainant on seeing the advertisement in the media and internet about a product and enquired to opposite party No.2 about the details of the project. So the opposite party No.2 approached the complainant at her residence and discussed about a Automatic Sanitary Napkin manufacturing unit with the Gramasree Members which is supplied by the Red Apple Group and the opposite party No.2 elaborately explained about the unit and shows the videos of the functioning of the machine and offered that with that machine average 2000 sanitary napkins can be made in one day and that machine cost is worth Rs.10,00,000/-. After believing the words of opposite party No.2 the complainant arranged a loan from the Canara Bank Sulthan Bathery and requested to provide the details and Quotation of the machine. So the opposite party given a quotation for Rs.8,31,041/-. So the complainant given a DD worth Rs.8,31,041/- on 22.01.2015 taken from the Canara Bank Sulthan Bathery to the opposite party No.2. Then the complainant arranged building and rooms for starting the manufacturing unit named BE FREE NAPKINS at Chungam Sulthan Bathery in the Gramasree building. But the opposite parties has not supplied the machine in the prescribed time. On the repeated demand by the complainant, opposite party stated one or other lame excuses and at last the opposite party has offered that they will give 12% interest for the amount they received till the date in which the opposite party will supply the machine.
3. At last on 20.09.2015 the opposite parties has brought the machine and installed in the room at Sulthan Bathery and for sending the expert to function the machine and for the raw materials ie Cilican paper, Jell sheet to make the product, the opposite party has collected Rs.95,175/- from the complainant through her account on 08.02.2016. But the opposite parties has supplied the non standard raw material and that also on very less quantity and send an expert Mr. Ramakrishnan from Coimbatore and functioned the unit. But the performance of the machine very less than the offered result. So again the complainant complained to the opposite parties about the result, the opposite parties has again send the same Expert but thereafter also the machine not given the offered result and the expert is return back offering that he will come with opposite parties and will function the machine as per the standard and quantity offered by the opposite parties. But the opposite parties has not send the experts for functioning the machine even after somany requests. AT the time of purchase of the machine the opposite parties has collected Rs.1,05,241/- towards tax and said that the receipts will be given later and with that bill this amount can be reimburse from the income tax department after producing the same. But later the opposite party has given the bill which is paid for tax on 20.09.2015. So the complainant approached the income tax department with the said bill but it could not be refunded since the bill was fake. Since she could not function machine as per the standard and yield, she demanded to replace the machine with a nw one and to install with the experts somany time but the opposite parties has sought time till 2016 telling one or other lame excuses. So the complainant given a complaint before Sulthan Bathery Police Station in the month of October 2016 and from the Police station the opposite parties has offered that within short period the new machine will be installed but thereafter also the opposite party has not supply the new machine and in the month of March 2017 with the influence in the police the police has not taken any case against the opposite parties. So the complainant given a complaint before the JFCM Sulthan Bathery as CMP 2250/2017 and that case is pending before the JFCM Sulthan Bathery.
4. Altogether the complainant paid Rs.9,29,220/- to the opposite parties and for the installation and other expenses and expert fee the complainant spend Rs.75,000/- and spend Rs.5,10,000/- towards the room rent (ie Rs.15,000/- per month) and now also the complainant paying the room rent and also paying the interest till today for the loan loan taken from the bank. The complainant further alleged that the above act of the opposite parties are clear case of unfair trade practice and deficiency of service and they are liable to refund all the money received from the complainant and expenses incurred for the said manufacturing unit. Hence prayed before the Forum to direct the opposite parties to refund Rs.9,29,220/- which is collected as the value of the machine and raw materials and Rs.5,10,000/- which is spend as rooms rent till today and Rs.75,000/- which is spend for installation and experts fees and Rs.1,00,000/- as compensation for the difficulty, mental agony, hardships caused to the complainant which is altogether comes around Rs.16,14,220/-.
5. Notices were send to the opposite parties and opposite party No.1's notice return with an endorsement ''CLOSED DOWN'' and opposite party No.2's notice returned with amendment that no such address. Hence the matter was published in the Pradeepam Newspaper on 08.03.2018 and produced publication on 12.03.2018 before the Forum and their name called absent and declared ex-parte.
6. Complainant filed proof affidavit and stated as stated in the complaint and she is examined as PW1 and Ext.A1 to A8 documents were marked. Ext.A4, A6 and A7 is in series. Ext.A1 is the Bill for Rs.8,31,041/-, which is issued by opposite party No.1 after receiving the amount. Ext.A2 is the Account Statement of the complainant in Indian Overseas Bank, Sulthan Bathery Branch, which shows that an amount of Rs.98,175/- is transferred to opposite party on 08.02.2016 through NEFT PMT IOBANI. Ext.A3 is the Receipt for Rs.5,000/- issued by the Chartered Accountant dated 22.07.2015 in favour of M/s. BE FREE NAPKINS, Sulthan Bathery towards Sales tax registration charges. Ext.A4 series are the Bills dated nil for Rs.25,000/- and for Rs.12,500/- in the name of complaint. Ext.A5 is the Cash Receipt dated 10.03.2016 for Rs.2,450/- in the name of complainant. Ext.A6 series are the bills issued by Sulthan Bathery Muncipality in the name of complainant for Rs.34,288/-. Ext.A7 series are the Receipts issued by the KSEB, in the name of complainant for Rs.10,142/-. Ext.A8 is the Lawyer Notice dated 12.02.2017 issued by Adv. Saji Thekkanat to the complainant for and on behalf of Canara Bank Sulthan Bathery, wherein it is demanded to pay the loan arrears of Rs.14,83,338/- within a period of 15 days.
7. On considering the complaint, evidence and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
8. Point No.1:- The case of the complainant is that she purchased the automatic Sanitary Napkin machine from the opposite parties after paying Rs.9,29,220/- and also spend Rs.75,000/- for the installation charges etc... and also spend Rs.5,10,000/- for the room rent for the manufacturing unit and tried to function the industry but due to the supply of a defective and non standard machine and raw materials she could not produce the offered quantity of items and quality items and lost money about worth Rs.16,14,220/-. Since the opposite parties are ex-parte the allegation in the complaint can be believed and all the exhibits proves the entire transaction with the opposite parties and dues on loan also. Hence we found that the above acts of the opposite parties ie supply the defective machines and raw materials and not taken any endeavor steps to function the industry unit is a clear case of unfair trade practice and deficiency of service and they are liable to refund the entire amount received by them and also liable to pay the expenses and costs spend by the complainant for the industrial unit till today and also liable to pay cost and compensation. Hence the Point No.1 is found accordingly.
9. Point No.2:- Since the Point No.1 is found against the opposite parties, they are liable to refund all the money received from the complainant and the expenses incurred by the complainant with interest and also liable to pay cost and compensation and the complainant is entitled for the same. Hence the Point No.1 is found accordingly.
In the result, the complaint is allowed as prayed and the opposite parties are directed to pay Rs.16,14,220/- (Rupees Sixteen Lakh Fourteen Thousand Two Hundred and Twenty) with 15% interest from the date of complaint within 30 days from the date of receipt of this Order. Failing which the complainant is entitled for interest at the rate of 12% per annum till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 19th day of March 2018.
Date of Filing: 17.11.2017.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Mini Alex(Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Bill. Dt:20.09.2015.
A2. Account Statement.
A3. Receipt. Dt:22.07.2015.
A4(Series). Bills (4 numbers).
A5. Cash Receipt. Dt:10.03.2016.
A6(Series). Bills (29 numbers).
A7(Series). KSEB Receipts (14 numbers).
A8. Lawyer Notice. Dt:01.12.2017.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
