BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.366 of 2016

Date of Instt. 26.08.2016

Date of Decision: 16.08.2017

Manjinder Singh S/o Sh. Avtar Singh R/o Gali No.7, Gobind Colony Sole Prop. of M/s Khalsa Disposable Crockery, Gali No.7, Gobind Colony Barnala.

..........Complainant

Versus

M/s Vishwkarma Enterprises J.S. Hayer Market, Phillaur, Jalandhar through its Prop. Pardeep Singh S/o Sh. Prem Singh R/o Bajuha Kalan, Teh. Nakodar, Distt. Jalandhar.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Sh. Parminder Sharma (Member)

Present: Sh. KC Malhotra, Adv and Smt. Harleen Kaur, Adv Counsels for complainant.

OP exparte.

Order

Karnail Singh (President)

1. The complainant firstly filed the instant complaint before District Consumer Disputes Redressal Forum, Barnala, having complaint No.2082/2015, but the said complaint was ordered to return to the complainant for want of jurisdiction with the direction to file the same in the appropriate Forum, vide order dated 11.05.2016 and accordingly the complaint has been filed before this Forum.

2. Brief facts of the complaint are that the complainant has purchased a Dona making Machine with 1HP Motor with Extra double Die, vide bill No.4 dated 19.10.2015 from OP for earning of his livelihood to make both end meets. The complainant was unemployed and for self employment and for earning his livelihood, complainant contacted the OP for manufacturing of disposable Crockery/Items. OP came to Barnala and contacted the complainant and become ready to supply a Dona making machine with 1 HP Motor and with extra set of Dies and with installation fee of Rs.1,70,000/- and further agreed to supply raw material for making Dona's/Items etc and also promised to purchase all finished disposable Crockery/Dona's from complainant upto 2 years thereafter complainant agreed to purchase said machine from OP and issued cheque No.485370 dated 26.08.2015 of Rs.2,20,000/- in favour of the OP with the condition that OP will supply and will install the said machine with 1 HP Motor and extra dies and will also supply the raw material to the complainant for manufacturing Dona's from his factory to Barnala and will install at the complainant's residence. The said cheque of Rs.2,20,000/- was having amount of Rs.1,70,000/- for machine and dies and Rs.50,000/- for supply of raw material. OP had to install the said Dona making machine at his residence at Gobind Colony Barnala and had to supply the required raw material for said machine for running. As per agreement dated 22.08.2015, OP had to install and to provide extra set of dies and 1 HP Motor with machine with 2 years guarantee with free installation and agreed to supply raw material to the complainant and as per agreement, OP will purchase finished goods upto 2 years from complainant and complainant will sell the same to OP but OP neither installed the machine nor supplied the raw material and this is a deficiency of service by the OP and due to his deficiency of services, complainant suffered a great loss. The complainant contacted the OP on telephone and requested to install the same but all in vain and as such necessity arose to file the present complaint with the prayer that the OP may kindly be directed to return Rs.2,20,000/- the cost of machinery and raw material and further OP be directed to pay Rs.1,00,000/- to the complainant which had complainant earned if OP had installed the same and further OP be directed to pay Rs.1,00,000/- for mental pain and agony and be also pay litigation expenses of Rs.20,000/-.

3. Notice of the complaint was given to the OP but despite service, the OP did not come present and ultimately, OP was proceeded against exparte.

4. In order to prove the exparte claim of the complainant, counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex. C1 to Ex.C11 and closed the evidence.

5. We have heard the learned counsel for the complainant and also gone through the case file very minutely.

6. The version of the complainant is sympathetically considered and find that the complainant has purchased Dona making machine with a double die with 1 HP Motor for an amount of Rs.1,80,285/- as mentioned on the Retail Invoice Ex.C1 from the OP, on 19 October, 2015 and the said payment of the price of machine alongwith payment of material is made by the complainant through cheque Ex.C2 i.e. total amount of Rs.2,20,000/- and copy of the agreement is Ex.C3 and terms of the agreement accepted by the OP, vide letter Ex.C4 and even the complainant served a legal notice, copy of the same Ex.C7 to the OP but despite that notice, the OP did not consider the request of the complainant and as such the complainant come to the Forum for seeking direction to the OP to return the price as well as compensation and litigation expenses. The claim of the complainant remains un-rebutted and un-challenged being a reason that the OP despite service did not bother to appear and contest the claim of the complainant and as such we have no earthly ground to discard the exparte claim of the complainant, which is supported with an affidavit Ex.CA of the complainant. So, under these circumstances, we reached to the conclusion that the complainant is entitled for the relief and accordingly the complaint of the complainant is partly accepted and OP is directed to refund the price of the machine and material i.e. Rs.2,20,000/- with interest @ 12% per annum from the date of purchase i.e. 19 October, 2015 till realization and further OP is directed to pay a compensation of Rs.20,000/- to the complainant and litigation expenses of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. Complaint could not be decided within stipulated time frame due to rush of work.

7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Parminder Sharma Karnail Singh

16.08.2017 Member President