DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.  35 /2021

Date of Filing:-               Date of Admission:-           Date of Disposal:-

    05.02.2021                          10.02.2021                          05.06.2023

P R E S E N T                :- Smt. Monisha Shaw.…………… Member.

                                       :- Sri.  Abhijit Basu………………. Member.

JUDGMENT/FINAL ORDER

This complaint is filed by the Complainant u/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.

The Complainant stated that intend to purchase a new embroidery machine and contracted with the Opposite Party who used to sell new embroidery machine and accordingly on 18/10/2019 the Opposite Party submitted quotation to the Complainant and the total cost of the embroidery machine is Rs. 18,78,560/-. After getting the quotation the Complainant applied for loan to the UCO Bank, Barasat branch and on 02/12/2019 the UCO Bank, Barasat branch granted the total amount and released the money to the account of the said company. Then, after getting the money from the bank the Complainant also immediately deposited and paid the entire cost of new embroidery machine to the Opposite Party on December 2019. In the quotation submitted by the Opposite Party it was acknowledge by the O.P that they will deliver the new embroidery machine in the brand name “TRISHTHA” HSN Code 84479020, Model Name 916 (nine needle and sixteen head) within 45 to 60 days after making of full payment.

On December, 2019, after paying full amount to the entire cost of the embroidery machine by the Complainant, the Opposite Party did not deliver the said machine to the Complainant.

The Complainant further stated that on several occasion the Complainant requested the Opposite Party to deliver the said embroidery machine but with illicit motive the Opposite Party did not deliver the said embroidery machine and also claimed more money from the Complainant. The Complainant also stated that the O.P did not returned the amount to the Complainant and the entire amount is lying with the Opposite Party. The Complainant paid an entrusted total of Rs.18,78,560/- to the Opposite Party but the Opposite Party did not deliver the embroidery machine and not even returned entrusted money to the Complainant. Having no other alternative, the Complainant sent legal notices upon the O.P on different dates on 20/06/2020, 20/08/2020, 04/08/2020.

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C.C. No. 35/2021

Prayer of the Complainants:-

1. The O.P is directed to pay Rs. 54,00,000/- as compensation to the Complainant on account of mental agony, pain, anxiety and unnecessary harassment.
2. The O.P severally be directed to pay a sum of Rs. 30,000/- as litigation cost.
3. The O.P severally be directed to been further cost of loss regarding no supply of embroidery machine.
4. Any interim order/orders.
5. Any other relief to which the Complainant is entitled to get under law, equity and natural justice.

No Written Version is filed by the O.P though the O.P. received the notice through paper publication in a daily newspaper ‘BARTAMAAN’ published on 24/11/2021 but no Written Version was filed by the O.P. Though the statutory period was over and from 22/08/2022 the case do run ex-parte against the O.P

Following issued were framed for the purpose of decision:-

1. Whether the complaint is maintainable or not?
2. Whether the Complainant is entitled to get relief / reliefs in this case.

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid an amount of Rs. 18,78,560/- through loan account from the UCO Bank and paid to the OP for intending to purchase embroidery machine of his livelihood. Here the status of the OP is service provider and the Complainant being a customer of the OP, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.

The Complainant resides at Village & P.O. Sasan, P.S. Sasan, District – North 24 Parganas, Pin – 743423 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample jurisdiction to try this case.

We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of sanction of loan under PMEGP scheme from UCO Bank, copy of the bank statement, a copy issued by the UCO bank from which it is evident that UCO bank deducted E.M.I of Rs. 22,500/- from the Complainant and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 18,78,560/- on 18/10/2019 for the embroidery machine.  Since the O.P did not refund the paid amount to the Complainant, as such there is deficiency in service on part of the O.P.

The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

Thus all the points are disposed of accordingly.

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C.C. No. 35/2021

Hence, for ends of justice:

It is

Ordered

That the instant case being no.CC-/35/2021 be and the same is allowed ex-parte against the OP.

The Opposite Party is directed to return the paid amount of Rs.18,78,560/- with 6% interest to the Complainant within 3 months from the date delivery of judgment.   

 The Complainant, do get a further decree of Rs.10,000/- as compensation for his mental agony and sufferings and Rs. 5,000/-towards litigation cost within 03 (three) months.

 Failing which the Complainant do get the decree with 6% interest on the total amount from the date of filing till realisation.

In default the Complainant is at liberty to put this decree into execution according to law.

Let a copy of this order be given between the parties free of cost.

Dictated & Corrected by me   

Member   

Member                                                          Member