Orissa

Bargarh

CC/09/49

Ajit Kumar Panigrahi - Complainant(s)

Versus

M/s Shyam Sundar Engineering Works - Opp.Party(s)

N.B.P.Panda

23 Mar 2010

ORDER


OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA
consumer case(CC) No. CC/09/49

Ajit Kumar Panigrahi
...........Appellant(s)

Vs.

M/s Shyam Sundar Engineering Works
The Branch Manager,
...........Respondent(s)


BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI GOURI SHANKAR PRADHAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):
1. N.B.P.Panda

OppositeParty/Respondent(s):




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ORDER

Presented by Miss B.L. Dora, Member. This is a case pertains to deficiency in service as envisaged under the consumer protection act, 1986. As being an “A” Class {B.S.N.L.}Contractor and general order supplier, the complainant had placed an order to the Opposite Party No. 1{one} for supply of ORC Cable blowing machine with power pack & zelk one set 3{three}Nos.,amounting Rupees1,05,000/-(Rupees one lac five thousand)ony and old compressor E/GI D 104019/1918,one number amounting Rupees 2,05,000/-(Rupees two lac five thousand)only, the total is Rupees 3,16,200/-{Rupees three lakh sixteen thousand two hundred}only which includes C.S.T. and VAT. The said order is d es patched through Opposite Party No.2{two} having Branch Office at Jaipur{Rajasthan} on Dt.13.12.2008.But during delivery of the said machine at Bargarh branch Office ,the complainant has not received the Hos pipe of old compressor from the Opposite Party No.2{two}.The complainant has reported this to the Opposite Party No.2{two}on Dt.01.01.2009 through letter with intimation to the Opposite Party No.1{one}. The Opposite Parties remained silent about this & not supplied he Hos Pipe to the complainant for which the complainant could not be able to do his precious works &sustained heavy loss in self employment. Because the said compressor became valueless without Hos Pipe. The Opposite Parties even remained silent on the Pleader Notice, served by the complainant, hence this case. The Complainant has relies on the documents i.e. (a) Letter given by complainant to the Manager Transport Corporation of India Ltd. Bargarh {b}Invoice of the Opposite Party No.1(one) showing the particulars of the machine supply to the Complainant on Dt.13/12/2008 ( c) Form of Way-bill, Dt. 23/12/2008 (d) Transport Cor poration Freight Money receipt No.71-261064 Dt.14/12/2008 and (e) Pleader notice to the Opposite Parties. The Complainant prayed for Rs.1,00,000/-(Rupees one lakh)only as compensation for his loss in business and physical and mental harassment due to the deficiency in service and negligence in duty of the Opposite Parties. The Opposite Parties have failed to appear before the Forum and have set ex-parte. On verification of documents and hearing from the counsel of the Complainant, it is obvious that the Opposite Parties have supplied the said machine but not gave the Hos pipe and remain silent on the every complain made by the Complainant which amounts to deficiency in service and gross negligence in duty towards the consumer on their part. Hence the complaint petition is allowed and order. The Opposite Parties are directed, jointly and severally, to pay the Complainant, cost price of the Hos pipe and Rs.4,000/-(Rupees four thousand)only towards compensation and litigation cost within thirty days hence, failing which the total awarded amount shall carry 18%(eighteen percent) interest per annum till payment. The Complainant disposed of accordingly.




......................MISS BHAGYALAXMI DORA
......................SHRI GOURI SHANKAR PRADHAN