OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C. 6/18
Present:-
1) Md. Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
3) Md. Jamatul Islam - Member
1) Geetashree Enterprise - Complainant
Represented by its proprietor
Mrs.Rumi Deka,
W/O Sri Hirendra Kumar Deka, H.No.36
Doimugiri, Kanaklata Path, P.S. Fatasil Ambari
District: Kamrup (Metro)
Pin-781025 (Assam)
-vs-
1) M/S Sonali Marketing Associates, -Opp.parties
Represented byits Managing Director
Namely Eltut Rahman, -
S/O Sapiur Rahman situated its Head Office
at Lochan Bairagi Road, Bilpar, Silchar,
District-Cachar, Assam, Pin-788001.
Appearance-Ld.advocate Mr.J.U.Ahmed for the complainant.
Date of argument -26.10.2018
Date of exparte judgment -21.11.2018
EXPARTE JUDGMENT
This is a proceeding u/s 12 of Consumer Protection Act,1986
1) The complaint filed by Geetashree Enterprise, represented by its Proprietor Mrs. Rumi Deka against M/S Sonali Marketing, represented by its Managing Director Eltut Rahman and one other was admitted on 13.2.18 and accordingly, notices were served to the opp.parties , but the opp.parties failed to take steps in this proceeding and accordingly this Forum, vide order dtd. 15.5.18 directed that the case will proceed on exparte. The complainant filed her evidence on affidavit on 21.6.18 and also filed exparte written argument on 21.9.18. Thereafter, today, Ld.advocate Mr.J.U.Ahmed forwarded exparte argument for the complainant, and today itself we deliver our judgment today which is as below.
2) The pleading of the complainant in brief is that, the complainant being the proprietor of Geetashree Enterprise situated at Daimuguri , Kanaklata Path, Fatasil Ambari, District Kamrup (M) ,executed an agreement with the opp.parties who were running the business of supply /sell of thread Reel Converter Machine and also supply of the free Raw materials for converting of Reels, under some terms and conditions, where in it was clearly stated that the opp.parties have agreed and is bound to supply the free Raw materials to the complainant for converting of Reels and the complainant was also agreed to deliver the finished prepared goods i.e. Reels to the opp.parties in fine and good conditions. It was also stated in the agreement that after completion of fitting the machine and training of the complainant, the opp.parties will dispatch the Raw materials to the complainant in advance according to the production of the machine to ensure continuous uninterrupted production. The opp.parties were also bound to take the finished /prepared goods from the complainant for the continuous period till the period of this M.O.U. (Memorendum of Understanding), otherwise they will return the whole invested money. Thereafter, the complainant went under the training provided by the opp.parties and successfully completed the training of thread Reel Converter Training and the Opp.Party No.2 issued certificate to the complainant.
On 21.12.2016 the opp.parties furnished Quotation to the complainant for two machines (Six Heads with HP Motors) @ Rs.1,65,000/- per machine and the complainant purchased two machines in total price of Rs.3,30,000/-. The complainant submitted the said quotation dtd. 21.12.16 to the Indian Overseas Bank, Gopinath Nagar Branch, Guwahati for taking Bank loan. The said Bank sanctioned loan of Rs.2,80,000/- and the complainant deposited Rs.50,000/- in cash as down payment to the bank. The Indian Overseas Bank paid Rs.3,30,000/- to the opp.parties through bank draft No. 958217280 dtd. 8.2.17 and the opp.parties after receipt the amount of Rs.3,30,000/- issued Tax Invoice Cash Memo and money receipt both dated 20.2.17. The opp.parties supplied one machine to the complainant through courier Service (i.e. Jai Amritsar Cargo) and the complainant received the same on 24.2.17. The complainant stated that the opp.parties fraudulently sold the said two machines at the high price rate of Rs.1,65,000/- per machine whereas the actual price of each machine is only Rs.50,000/-. The opp.parties received the amount from the complainant through bank draft and the opp.parties delivered only one machine on 24.7.16 through courier service. The complainant already beard expenditure of Rs.50,000/- extra for filling the machine and its accommodation . The complainant also made extra miscellaneous expenditure of Rs.5,000/- for bank loan and paid salary to one Manager-cum-supervisor @ Rs.6,000/- p.m. four numbers of helpers @ Rs.4000/- p.m. since the month of receipt of the one machine. The complainant prepared all accommodation including electricity. But the opp.party neither delivered another machine nor supply the free raw materials to the complainant. The complainant has been paying loan installment @ Rs.9068/- p.m. to the bank w.e.f. 30.3.2017 in 36 No.s installment but the opp.party failed to provide service to the complainant and as a result it has caused a loss of more than 100,000/- extra to the complainant. The opp.parties have totally failed to provide service to the complainant and as such the opp.parties are liable to pay the amount of Rs.3,30,000/-, Rs.1,00,000/- as ,miscellaneous expenditure , Rs. 5,000/- for bank loan together with interest @12% p.a. since the date 20.2.2017, litigation expenditure of Rs.50,000/- and compensation of Rs.2,00,000/- , total Rs.6,85,000/-.
3) We have perused the evidence of the complainant. From the evidence of the complainant it is seen that the complainant Mrs.Rumi Deka is the proprietor of M/S Geetashree Enterprise situated at Daimuguri, Kanaklata Path, Fatasil Ambari, District Kamrup (M) . The opp.party No.1 M/S Sonali Marketing Associates is an association and the Opp.Party No.2 Managing Director Eltut Rahman of the said business firm . The opp.parties executed an agreement with the complainant under some terms and condition whereby it is clearly stated that the opp.parties have agreed and bound to supply free raw material to the complainant for covering of reels and the complainant also agreed to deliver the finished/prepared goods i.e. Reels to the opp.parties in fine and good conditions. It was also stated in the agreement that after completion of fitting the machine and training of the complainant the opp.parties will dispatch the Raw materials to the complainant in advance according to the production of the machine to ensure continuous uninterrupted production. The opp.parties were also bound to take the finished /prepared goods from the complainant for the continuous period till the this M.O.U. (Memorendum of Understanding), otherwise will return the whole invested money. Thereafter, the complainant under gone training under the opp.parties and the complainant successfully completed the thread Reel Converter Training as offered by the opp.parties and the Opp.Party No.2 issued certificate to the complainant.
On 21.12.2016 the opp.parties furnished Quotation to the complainant for two machines(Six Heads with HP Motors) @ Rs.1,65,000/- per machine and the complainant purchased two machines in total price of Rs.3,30,000/-. The complainant submitted the said quotation dtd. 21.12.16 to the Indian Overseas Bank, Gopinath Nagar Branch, Guwahati for taking Bank loan. The said Bank sanctioned loan of Rs.2,80,000/- and the complainant deposited Rs.50,000/- in cash as down payment to the bank. The Indian Overseas Bank paid Rs.3,30,000/- to the opp.parties . Through bank draft No. 958217280 dtd. 8.2.17 and the op.parties after receipt the amount of Rs.3,30,000/- issued Tax Invoice Cash Memo and money receipt both dated 20.2.17. The opp.parties supplied one machine to the complainant through courier Service (i.e. Jai Amritsar Cargo) and the complainant received the same on 24.2.17. The complainant stated that the opp.parties fraudulently sold the said two machines at the high price rate of Rs.1,65,000/- per machine.
The complainant stated that on 20.2.17 the op.parties received the amount from the complainant through bank draft and the opp.parties delivered only one machine on 24.2.17 through courier service and the complainant already beard expenditure of RS.50,000/- extra for fitting the machine and its accommodation. The complainant also made extra miscellaneous expenditure of Rs.5,000/- for bank loan. Moreover, the complainant had paid salary to one Manager-cum-supervisor @ Rs.6,000/- P.M., four No.s of helpers @ Rs.4,000/- p.m. since the month of receipt the one machine . The complainant prepared all accommodation including electricity , but the opp.parties neither delivered another machine nor supply the freee raw materials to the complainant. The complainant has been paying loan installment @ Rs.9068/- p.m. to the bank w.e.f. 30.3.2017 in 36 No.s of installment. It has caused lost of more than Rs.1,00,000/- extra to the complainant.
The opp.parties have totally failed to service the complainant and the opp.parties are liable to pay the amount of Rs.3,30,000, Rs.1,00,000/- miscellaneous expenditure, Rs.5,000/- for bank loan together with interest @ Rs.12% p.a. since the date of 20.2.2017, litigation expenditure of Rs.50,000/- and compensation of Rs.2,00,000/-.
4) The complainant filed evidence in affidavit of C.W.-1. The complainant herself who clearly stated the facts leading to the case in his evidence and exhibited the following documents.
Exhibit-1 is the copy of the Project Report published by the opp.parties.
Exhibit-2 is the original copy of the agreement with the opp.parties by the complainant.
Exhibit-3 is the training completion certificate issued by the opp.parties to the complainant.
Exhibit-4 is the copy of the Quotation issued by M/S Sanali Marketing Associates to the complainant.
Exhibit-5 is the copy of the bank loan papers of the Indian Overseas Bank, Gopinath Nagar Bank.
Exhibit-6 & 7 are the copies of Tax Invoice Cashmemo and money receipt both dated 20.2.2017.
Exhibit-8 is the copy of courier service receipt and Exhibit- 9 is the copy of the actual price of Thread Winding Machine.
These documents support the evidence of the complainant . From the evidence on record, exhibited documents and the written and oral arguments of the complainant, it is clear that the complainant is the proprietor of Geetashree Enterprise situated its office at H.N.36, Doimoguri, Kanaklata Path, Fatasil Ambari, Kamrup (M), Assam, executed an agreement with the opp.parties under certain terms and conditions. The opp.party No.2 in the name of Opp.Party No.1 supplies/sells the thread Reel Converter Machine and also supplies the free raw materials for converting of Reels to the purchasers and the purchasers will sell the converting Reels or prepared goods to the opp.parties . The opp.parties are bound to take the prepared goods and the purchasers would be trained by the opp.parties. The opp.parties will dispatch the Raw materials to the complainant in advance according to the production of the machine to ensure continuous uninterrupted production . The opp.parties imparted training to the complainant and she successfully completed the thread Reel Converter Training and the Opp.Party No.2 issued certificate to the complainant. The opp.parties furnished quotation to the complainant for two machines @ Rs.1,65,000/- per machine. The complainant submitted the said quotation dtd. 21.12.16 to the Indian Overseas Bank, Gopinath Nagar Branch , Guwahati for taking a Bank loan and the said bank sanctioned loan of Rs.2,80,000/- and the complainant deposited Rs.50,000/- in cash as down payment to the Bank. The Indian Overseas Bank paid Rs. 3,30,000/- to the opp.parties through bank draft No. 958217280 dtd.8.2.17 for the two machines purchased by the complainant from the opp.parties. The opp.parties after receipt of the amount of Rs.3,30,000/- issued Tax Invoice Cashmemo, Money receipt both dtd. 20.2.17 to the complainant. But the opp.parties supplied one machine to the complainant through courier service and the complainant received the same on 24.2.17 , assured delivery of the remaining machine and supply of the raw materials but failed to service the complainant. The complainant obtained document /paper of price value of the said thread winding machine and found that the opp.parties sold the said two machines at a high price of rate of Rs.1,65,000/- per machine whereas the actual price of each machine is only Rs.50,000/- causing the complainant financial loss, harassment and mental agony for which the complainant is entitled to receive compensation from the op.parties . The opp.parties have failed to rebut the plea of the complainant but the complainant has proved her case by adducing oral evidence exhibiting documents.
5) Basing on the above discussion, we hold that, it is a fit case to direct the opp.parties to refund the price of one machine @ Rs.1,65,000/- which they have failed to supply to the complainant without further delay. We also found that, due to the negligence of the opp.parties in rendering service to the complainant, the complainant has to suffer financial loss and mental agony, for which the complainant is entitled to receive the cost of the litigation and also entitled to compensation. Accordingly , the opp. parties are liable to pay Rs.20,000/- to the complainant as compensation for causing such sufferings to her as well as Rs.10,000/- as cost of proceeding.
6) Summing up our discussion above , we hold that, the complainant has a prima facie case against the opp.parties, which she has succeeded to prove. Therefore , the complaint against the opp.parties is allowed on exparte and they are directed to refund the price of one thread winding machine which the opp.parties had failed to supply to the complainant as per agreement i.e. Rs.1,65,000/- alongwith interest @ 12% per annum from the date of deposit of the price to the parties (8.2.17) till full satisfaction of award and also to pay her Rs.20,000/- as compensation to the complainant for her sufferings, financial loss and mental agony caused to her due to the negligence of the opp.parties as well as Rs.10,000/- as cost of the litigation , to which, they are jointly and severally liable. They are directed to pay the awarded amounts within 45 days, in default, other two amounts shall also carry interest in the said rate; which will be paid from this day to till full satisfaction of award.
Given under our hands and seals on this day of 21nd November , 2018.
(Smt.Archana.Deka.Lahkar) (Md.Jamatul.Islam) (Md.Sahadat.Hussain) Member Member President
