Delhi

North

CC/167/2018

ARTI VERMA - Complainant(s)

Versus

M/S. JEWELTECT INTERNATIONAL & ANR. - Opp.Party(s)

J.S. JAISWAL

15 Jul 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No:167/2018

                                             IN THE MATTER OF:

Smt. Arti Verma

W/o Sh. Shiva Kumar

Prop. of M/s A.V. Refiners,

RZ-88, South Ex.,

Part No.1, Uttam Nagar,

New Delhi-110059.                                                …                          Complainant

Vs

M/s Jeweltech International & Anr.

184, 1^st floor, Katra Mashroo,

Dariba Kalan, Chandani Chowk,

New Delhi-110006.

 

Also at:

Gala No.B-14,

Shiv Mangal Compound, Shankar Nagar,

Near Shiv Prabha Housing Society,

A.G. Link road, Asalfa Village,

Ghatkopur (W), Mumbai-400084.                  …                          Opposite Party

ORDER

15/07/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

1. The complainant for the purpose of earning livelihood, by means of self-employment started providing services of silver refinery and polishing. The Complainant, searched online required machines and equipments and found OP i.e. M/s Jeweltech International as manufacturer and supplier of equipments and machines relating to her business.
2. the Complainant approached OP at Dariba Kalan, Chandani Chowk Delhi office on 02.12.2016 to purchase machines and meeting was conducted between Complainant and managers of OP namely Sh. Daya Shankar Mishra, Satyendra Singh and Ram Das (Prop.). It was informed to Complainant that required machines and equipments will be supplied from their workshop at Gala No.B-14, Shiv Mangal Compound, Shankar Nagar, Near Shiv Prabha Housing Society, A.G. Link road, Asalfa Village, Ghatkopur (W), Mumbai-400084.
3. On 12.12.2016, OP had given quotations of machines proposed to be purchased to Complainant and on 20.02.2017, Complainant placed verbal order to OP to purchase silver refining machines (100% pollution free), silver melting machine, polishing machines, muffle furnace and grain making system. In this regard, Complainant paid Rs.48,000/- as advance by NEFT and paid Rs.2,00,000/- and further Rs.2,00,000/- by RTGS against total cost of Rs.7,59,000/- (+taxes) and also paid Rs.25,000/- as transport charge and Rs.5,000/- as marine insurance charges.
4. All above said machines and equipments were purchased by Complainant vide Tax invoice No.49 dated 19.05.2017 against proforma invoice no.42/23 dt. 18.03.2016 & 30.03.2016 and quotation no.108/2016-17 dt.12.12.2016. The OP had given assurance to the Complainant that all sold machines will be delivered within 15-20 days in proper working condition without any fault and machines will be 100% pollution free. Machines were supplied very late on 26.05.2017 and on receipt of machines, the Complainant found that all machines were damaged and of lesser capacity as machines were not in working condition. The Complainant sent detailed complaint to Mr. D.S. Mishra, Mr. Ramdas and Mr. Satyendra Singh at their Delhi office regarding late supply (approx. 5 months delay) and non-working condition of machines.

 

2. It has further been alleged that the complainant regularly followed up her grievances/complaints with the OP but the OP continued to give false promises and did not repair/restore the machines in the working condition. With the result, the Complainant has suffered a lot i.e. bank interest, premises rent, electricity charges etc. due to above fault and unfair practice of OP. The Complainant has also sent mails on 13.10.2017 to the OP but the OP neither repaired nor replaced the machines. The Complainant has also sent a legal notice through her Counsel on 18.01.2018 to the OP to repair & make the machines fully serviceable and perfect in all respect or refund money within a month from the date of the receipt of notice but after three months, OP replied on 11.04.2018 with fake and frivolous grounds.

 

3.       It has also been alleged that the defect of the machinery is a result of poor workmanship of the OP due to which the Complainant has been suffering continuously to manage her livelihood. The OP was under obligation to keep the machine in perfect working order for a period of one year from the date of purchase but it failed to do. The OP is liable for breach of contract as the OP has not complied with the terms and conditions as mentioned in quotations assuring best of services at all-time but has acted extremely negligently in attending to the complaint of the Complainant and therefore, they are liable to compensate the Complainant for the loss and injury cause to him. Since the OP had rendered deficient and defective services for which the Complainant has suffered financial loss/mental agony/injury in terms of other expenditures and facing huge difficulties to earn for livelihood of her family, hence, in the interest of justice the OP should be directed to pay the Complainant Rs.10,00,000/- towards the repairing charges of the machines and losses to huge expenditures to establish setup, along with 24% interest and pay a sum of Rs.1,00,000/- towards compensation on account of mental pain, agony, harassment and physical inconvenience.

 

4.       The Complainant has also filed copies of performa invoice, quotation, form XXXVIII of commercial tax, delivery challan, tax invoice, Bilty copy, insurance copy, purchase order mail and complaint & legal notice to OP, reply of OP to legal notice and printout of promotional Article posted by OP online/net, to substantiate the allegations.

 

5.       Accordingly, notice was issued to the OP to defend the allegation before the commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP has chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

6.       The complainant has filed evidence by way of Affidavit. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP. However, the material available on the record is sufficient to corroborate that the complainant has suffered directly due to deficient service on the part of the OP  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OP to pay the Complainant:-

1. Rs.8,02,740/- (Rupees Eight Lakhs Two Thousand Seventy-Four Only) (Total amount paid/spent by the Complainant) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 07.09.2018 till the date of the payment to the complainant.
2. Pay Rs.50,000/- (Rupees fifty Thousand only) as compensation for the mental  pain, agony and harassment caused.

7.       It is clarified that the aforesaid amount shall be paid by the OP, within 30 days as directed above at para 6 (i) & (ii). In case, the above said amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum on the entire awarded amount from the date of expiry of 30 days period.

8.       The complainant shall return the defective products, discussed in complaint, to the OP after receipt of the amount as ordered above.

9.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

                                 Member                                                                                Member      

                         DCDRC-1 (North)                                                              DCDRC-1 (North)

 

              DIVYA JYOTI JAIPURIAR

                                           President 

                                                                       DCDRC-1 (North)