Andhra Pradesh

Chittoor-II at triputi

CC/27/2015

M/S. Inkee Enterprises, rep. by its Proprietor K.Umapathi, S/0. K.Subrahmanyam - Complainant(s)

Versus

M/S. Anand Automation, rep. by its Proprietor - Opp.Party(s)

Desineni Jayachandra

16 Mar 2016

ORDER

                                                                                               

                                                                                                    Filing Date:-25-05-2015                                                                                                           Order Date: -16-03-2016

 

         BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,   

CHITTOOR AT TIRUPATI.

PRESENT: - SRI.M.RAMAKRISHNAIAH, PRESIDENT.

                                              SMT.T.ANITHA, MEMBER.

           WEDNESDAY, THE SIXTEENTH DAY OF MARCH, TWO THOUSAND

                                                             AND SIXTEEN

C.C.No.27/2015

Between

M/s. Inkee Enter prises, rep. by its Proprietor

K. Umapathi, S/o. K. Subramanyam, Hindu,

Aged about 48 years, holding its office at

D.No. 10-44/1, Ponnakala village,

Yogimallavaram, Tiruchanoor Post,

Tirupati Rural Mandal, Chittoor District,

Andhra  Pradesh.                                                                      …. Complainant

 

And

M/s. Anand Automation, rep. by its Proprietor,

Holding its office D.No.2074/2, Suraj Bhavan,

Jordan Road, Dariapur Char Rastha,

Ahmedbad- 380 001, Gujarat State.                                     …. Opposite party

 

           

          This complaint coming on before us for final hearing on 01.03.2016 and upon perusing the complaint, written version and written arguments of the complainant and opposite party and other relevant material papers on record and on hearing of Sri.D.Jayachandra, counsel for the complainant and opposite party is remained exparte having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

           This complaint is filed under Sections -12 of the Consumer Protection Act 1986, complaining the deficiency of service on part of the opposite party and prayed this forum, to direct the opposite party to pay a sum of Rs.6,48,400/- to the complainant and to pay a sum of Rs.50,000/- for mental agony and deficiency of service and to pay costs of the complaint.

          2. The brief facts of the case are: The complainant placed orders on 18.09.2014 for  the supply of Hydrolic M/C for paper plate circle cutting semi-automatic machine, Digital Hydrolic Multiple die working machine for embossing paper plate, die with cutter and heater 9.25 inches with TTD with six sets, paper role to sheet cutting machine, film lamination machine and the opposite party has quoted Rs.9,01,320/- as the total cost of the machinery and the opposite party has settled the final amount at Rs.8,30,000/- and demanded to pay Rs.4,00,000/- on the same day. Accordingly the complainant paid a sum of Rs. 4,00,000/- on 18.09.2014 through Indian Overseas Bank, Padipeta Branch, bearing account No. 348901000000149 and the opposite party has promised to dispatch the goods. The complainant further submits that subsequently he paid from the account of   INKEE industries through Karnataka Bank, Tirupati bearing account no.7657000600148601 a sum of Rs. 20,000/- 0n 20.09.2014 and he also  paid Rs. 20,000/- on 22.12.2014 by RTGS. Similarly he has paid a sum of Rs.1,00,000/- on 16.10.2014 and Rs. 1,20,000/- on 21.11.2014 from the account of INKEE Enterprises of Karnataka Bank, Tirupati bearing no. 7652000100047201. Again the complainant sent Rs.2,00,000/- on 23.09.2014 through Indian Overseas Bank, Padipeta Branch. Thus in total the complainant paid Rs. 8,60,000/- to the opposite party for the  purchase of the machinery.

          3. The complainant further submits that as against the above said order the opposite party sent one parcel through railway parcel containing 12 printed rolls and 2 small rolls and the complainant took delivery of the same with a fond hope that the said parcel consists of the machinery which was ordered by him. But to his astonishment those are not the machinery ordered by the complainant and found that the opposite party has cheated the complainant. Hence he immediately contacted the opposite party and informed the same and appraised the fact of non-sending of the machinery and the opposite party promised that they will send the machinery through lorry. The complainant received mail from the opposite party that they loaded the machinery in lorry bearing No. GJ.16/W-8509. Subsequently the complainant received information from the  driver of the lorry AP.24/TB-8099 stating that the opposite party has loaded the machinery in their lorry and due to non-payment of necessary tax the lorry was stopped at boarder Check Post at Pondugola in Guntur District on 05.01.2015 and on verification that the opposite party  has loaded some parcels in the lorry without any intimation to the complainant,  and all the while he approached the lorry at the check post and paid a sum of Rs. 23,920/- to the Commercial Taxes Department and took the lorry to his place and found that, the said lorry contains film lamination machine without any spare parts and only frame is loaded and paper roll to sheet cutting machine is delivered. The complainant tried to contact the opposite party regarding for non-sending of spare parts in the film lamination machine but the opposite party has not responded and hence the complainant received letters from the driver and cleaner and also endorsed on the back of the original L.R. with regard to the delivery of goods without any spare parts in the machine and the said fact is also intimated to the opposite party subsequently.

          4.  The complainant submits that even though the opposite party has received entire invoice amount from the complainant failed to deliver the goods as agreed upon and as per the quotation and failed to keep up his promise to deliver the goods and also fails to answer the phone call of the complainant and the opposite party cheated him. The complainant further submits that he is unemployed and he took loan from the bank  in order to eaking his livelihood,  he ordered the  above machinery to the opposite party. But the opposite party failed to send the machinery as ordered by him which is nothing but deficiency of service. Hence he caused a legal notice on 07.03.2015 calling upon him to send the machinery or to refund the excess amount received by him without supplying of machinery as agreed upon. But after receipt of the said notice the opposite party sent a reply notice. In the reply notice the opposite party has not denied the contentions of the complainant for non-delivery of machinery and further he demanded a sum of                Rs. 54,650/- in addition to the amount already received without supply of machinery.

          5.  The complainant further submits that as per the invoice the opposite party has not sent Hydrolic M/C for paper plate circle cutting semi-automatic machine for embossing paper sheet worth Rs.1,10,000/- , paper plate die with cutter and heater 9.25 inches with TTD worth (6 Sets) Rs. 57,900/- and film lamination machine worth          Rs. 2,30,000/- and in all a sum of Rs. 6,48,400/- and the said machineries have not been delivered to the complainant. In addition to the supply of the machinery the opposite party has undertaken to install the machinery at the complainant’s place on payment of extra charges. Thus the complainant was put to loss of Rs.6,48,400/- in addition to the mental agony, physical strain etc. Hence the complainant filed the present complaint.

          6.  Even after receipt of the notices the opposite party failed to appear before this Forum and hence the opposite party called absent and set exparte.  The complainant filed his evidence on affidavit and got marked Ex. A1 to A9. The counsel for the complainant filed his written arguments, oral arguments were heard on behalf of him.

          7.  Now the points for consideration are:

              (i)      Whether there is any deficiency of service on part of the opposite party?

              (ii)     Whether the complainant is entitled to the reliefs as prayed for?

              (iii)    To what Result?

          8. Point No:-(i). There is no dispute regarding the order of the machinery by the complainant to the opposite party, because in order to prove that the complainant marked Ex.A1 i.e. quotation no. 511 dated 18.09.2014 of the opposite party which is address to the complainant with description of the machinery and their rates. Hence it is no doubt that the complainant ordered the machinery mentioned in the quotation. The next contention of the complainant that he paid an amount of rupees under invoice no.8 dated 12.12.2014 of Rs. 4,18,200/- and again he paid under invoice no.11 dated 26.12.2014 for Rs.4,18,200/- and total he paid a sum of Rs.8,36,400/- for the purchase of the machinery and in order to prove the same he filed Ex. A9 the statement of account. The next contention of the complainant that even after receipt of the above said mentioned amount the opposite party failed to deliver the machinery as specified in the quotation and further submitted that the opposite party sent a machinery through railway parcel, by omitting some machinery same was observed by the complainant and he contacted  the opposite party. The opposite party promised the complainant that they will send the remaining machinery by road transport in a lorry. And the complainant received the mail as the opposite party loaded the machinery in lorry no. GJ16/W-8509 and subsequently the complainant received the information from the driver of the lorry no.AP24/TB-8099 stating that the opposite party has loaded machinery in their lorry and due to non-payment of necessary tax, the lorry was stopped in check post at pondugola in Guntur District on 05.01.2015 and the complainant   approached the lorry at the check post and paid a sum of Rs.23,910/- towards tax to the Commercial Department under Ex.A6. After payment of the taxes the complainant found the said lorry contains film lamination machine and without any spare parts and only frame is loaded and paper roll to sheet cutting machine is delivered. Hence he contacted the opposite party for non-sending the spare parts in the film lamination machine. But the opposite party has not responded and hence he took letter from the driver of the lorry AP24/TB-8099 and also from the cleaner on 06.01.2015 by mentioning the machinery which was unloaded by them to the complainant and the same was endorsed by the cleaner and driver.

          9. The complainant further submits that in order to prove that the said machinery was loaded in their lorry under Ex.A3 and A4. Hence the complainant submits that the opposite party failed to send the machinery which was mentioned in their quotation and also he ordered the said machinery in order to eaking his livelihood for the establishment of the paper cutting plates and glasses unit. But the opposite party cheated the complainant hence he caused a legal notice on 07.03.2015 calling upon him to send the machine or to refund the excess amount received by them without supplying of the machinery as agreed upon. After receipt of the said notice also the opposite party sent a reply notice on 23.03.2015 and as per the contentions of the reply notice they are not denied the contentions of the complainant for regarding the non-supply of machinery anywhere in the reply notice and further he has demanded a sum of Rs.54,650/- in addition to the amount already  paid without supply of the machinery which is under Ex.A8. The opposite party admitted that they received 8,60,000/- towards price of the machinery and Rs.12,830/- balance of the bill amount regarding the bill no.8 railway booking amount. The complainant has to pay outstanding balance amount which was paid by them for the transportation and for railway booking charges and for labour and stated that they sent all the machineries to the complainant as per the quotation. But the complainant specifically contended that they received 12 printed rolls and 2 small rolls from the railway parcel and he received one set of film lamination and one set paper roll sheet cutting machine through lorry. But on further verification of the goods transported in the lorry, he found that they sent film lamination machine without the motor and spare parts of the film lamination machine, they only transported frame of the machine without the spare parts. Hence as per the contentions of the complainant he received the material without the motor and the spare parts which is of no use for him to use machine for any purpose. As the opposite party failed to send the machinery as per quotation after receipt of the entire quoted amount is nothing but deficiency of service and unfair trade practice. Hence as the opposite party failed to appear and challenge the contentions of the complainant the deficiency of service is held to be proved. Hence this point is answered against the opposite party.   

          10. Point:(ii).  Now coming to the relief the complainant claimed for Rs.6,48,400/-  by deducting the price of the remaining material which was received by him and also the complainant has claimed additional compensation of Rs.50,000/- for the complainant deprived of enjoyment of the machine. Hence this Forum  feels that an awarding Rs.6,48,400/- towards the value of the machinery as claimed by the complainant with interest @ 9%  per annum from the date of the complaint till the date of realization and also this Forum feels that an awarding Rs.10,000/- compensation will serve the purpose.                   

          11.Point (iii):- In the result the complaint is allowed in part directing the opposite party to pay sum of Rs.6,48, 400/- (rupees six lakhs forty eight thousand  four hundred  only) with interest @ 9% per annum from the date of the complaint till the date of realization. The opposite party further directed to pay a sum of Rs.10,000/-(rupees ten thousands only)towards compensation  and to pay  Rs.2,000/-(rupees two thousands only) towards costs of the litigation. The opposite party further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order. Failing which the compensation amount of Rs.10,000/- (rupees ten thousands only) shall also carry interest @ 9% per annum from the date of the complaint till realization.

            Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 16^th day of March, 2016.

         Sd/-                                                                                                                Sd/-                                          

  Lady Member                                                                                                             President

 

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant.

 

PW-1:  K.Umapathi (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite Parties.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits (Ex.A)	Description of Documents
	Quotation (Quotation No.511) issued by the opposite party to the complainant. Dt: 18.09.2014. (Original)
	Tax Invoice (Invoice No.008) issued by the opposite party to the complainant. Dt: 12.12.2014. (Original)
	L.R.No.AHM/20082380 (Ahmedabad) of Sri Balaji Transport Lines. Dt: 29.12.2014.(Original)
	FORM-402(SEE Rule 51) issued by the opposite party. Dt: 26.12.2014. GST No. 24070601586, CST No. 24570601586.(Original)
	Letter for non receipt of machinery by the lorry driver and lorry cleaner of the lorry No.AP24TB8099. Dt: 06.01.2015.(Original)
	Receipt for payment of tax issued by the Assistant Commercial Tax Officer, Border Check Post, Pondugola, Guntur District. Dt: 05.01.2015. Book No. 041760, Receipt No. B4175979.(Original)
	Office copy of the legal notice issued by the complainant to the opposite party with postal receipt. Dt: 07.03.2015.
	Served copy of the reply letter sent by the opposite party to the complainant. Dt: 23.03.2015. (Original)
	1) Statement of Account of Kuntrapakam Umapathy bearing A/c No. 348901000000149 issued by Indian Overseas Bank, Padipeta. 2) Statement of Account of Inkee Enterprises bearing A/c No. 7657000600148601 issued by Karnataka Bank Limited, Tirupati. 3) Statement of Account of Inkee Enterprises bearing A/c No. 7652000100047201 issued by Karnataka Bank Limited, Tirupati.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

 

-NIL-

 

 

                                                                                                                        Sd/-

                                                                                                                   President

 

                                                              // TRUE COPY //

                                                               // BY ORDER //

 

 

 

Head Clerk/Sheristadar,

                                                  Dist. Consumer Forum-II, Tirupati

 

 

Copies to:  1) The Complainant.

                   2) The Opposite party.