Complaint filed on:27-08-2024
Disposed on:13-12-2024
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 13th DAY OF DECEMBER 2024
//PRESENT//
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
Consumer Complaint.No.111/2024
M/s. Hotel Sri.Vigneshwara Comfort,
By its Proprietor Sri.Chandramouli.S.G.
S/o Gangadharaswamy.S., 60 years,
R/o Opp: Tumakuru University,
B.H.Road, Tumakuru, Karnataka State.
……….Complainant
(By Sri.S.Ramesh, Advocate)
V/s
M/s Shree Ram Second Sale,
Near Sainath Weigh Bridge,
Plot No.153, Alang Road,
MANAR ALANG, Gujarath-364 081.
…….Opposite Party
(absent)
//:ORDER://
SMT.G.T.VIJAYALAKSHMI - PRESIDENT
This complaint is filed by the complainant under section 35 of Consumer Protection Act, 2019 against the opposite party with a prayer, to direct the OP to pay the amount of Rs.49,560-00 with interest and direct the opponent party to pay the compensation of Rs.1,00,000-00 to the complainant towards mental agony and harassment given by the OP.
2. The brief facts of the complaint is as under:-
The complainant has intended to purchase old AIR Conditioner from the opponent party, accordingly after fixing of the value for the said conditioner, the complainant has paid a sum of Rs.49,560-00 including IGST amount, as per E-way bill system and complainant has purchased the said conditioner under cash memo Tax Invoice No.T1/20, Invoice dated 02.05.2024, Broker Sagarbhai, E-way bill No.601719942483 through TCI Express, from the opponent party.
Further, complainant submitted that, the OP has supplied the said conditioner to complainant, but it is not working properly. To inform the said fact, the complainant has tried to contact opponent party through mobile No.9825484527, but it is switched off, the complainant has tried so many times but the OP was not availed.
It is submitted that, the opponent party has supplied the un-condition and non-working conditioner to the complainant. The complainant has paid entire cost of the said conditioner. Due to supply of old and non-working Air conditioner, the complainant has sustained loss and suffered from mental agony.
It is submitted that, the complainant has got issued legal notice to the opponent party through his counsel on 06.07.2024 the same has been served on the opponent party on 13.07.2024. In spite of it, the OP has not complied with the said notice nor issued any reply to that notice. The act of the opponent party is against to law and causes mental and physical agony. Hence, this complaint.
3. After service of notice from this Commission, the OP has not appeared before this Commission and remained absent.
4. The complainant has filed his affidavit evidence with documents which are marked at Ex.C1 to C6.
5. We have heard the arguments of complainant counsel. On perusal of copy of complaint, affidavit and documents filed by the complainant, the points that would arise for determination as follows;
1) Whether there is any deficiency in service on the part of OP?
2) Whether the complainant is entitled for reliefs sought for?
6. Our findings to the aforesaid points are as under:
Point No.1: partly in the Affirmative
Point No.2: As per the final order
//:R E A S O N S://
7. To prove the case, the complainant submitted Ex.C1 to C6. Ex.C1 is Tax invoice dated 02.05.2024 (for Recipient). The Ex.C2 is the E-way bill dated 02.05.2024. Ex.C3 is the Tax invoice dated 02.05.2024 (Duplicate for transport). Ex.C4 is the Legal notice dated 06.07.2024. Ex.C5 is the Postal acknowledgement. Ex.C6 is the postal track report.
From the above exhibits and pleadings, it is evident that, the complainant purchased old air conditioner from the OP. The complainant paid entire cost of the air conditioner. The Ex.C1, C2 and C3 discloses the same and the OP supplied the Air conditioner. The complainant submitted that, the OP has supplied the un-condition and non-working conditioner. However, in spite receiving the legal notice and this commission notice, the OP failed to appear before this commission. Hence, the evidence submitted by the complainant as unchallenged. Therefore, the commission believed the evidence submitted by the complainant. Supply the old and non-working air conditioner amounts to deficiency of service. Hence, the OP is liable to pay Rs.49,560/- to the complainant by receiving the AC. For the acts of OP, the complainant compelled to approach this commission. Therefore the OP is liable to pay Rs.5,000/- as compensation for mental agony and Rs.5,000/- as litigation expenses. Accordingly, we pass the following:-
//:ORDER://
The complaint is allowed in part.
The OP is directed to pay Rs.49,560/- with interest @ 8% p.a from the date 02.05.2024 to till realization, by receiving the AC from complainant.
The OP further directed to pay Rs.5,000/- as compensation and Rs.5,000/- as litigation expenses.
Further, the OP is directed to comply the above order within 45 days, from the date of Receipt/knowledge of the order.
