DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 30th day of November 2006.<br /> <br /> Present : Sri.Roy Kurian, President<br /> Prof.O.Unnikrishnan, Member<br /> Smt.K.P.Suma, Member <br /> <br /> C.C.No.48/2006<br /> <br /> Palakkad Co-Op. Urban Bank Ltd.,<br /> No.F.997, Palakkad.<br /> (Rep. by its Secretary) - Complainant<br /> <br /> V/s<br /> <br /> 1.M/s.Alappat Diesels (I),<br /> Lamex Arcade,<br /> P.O.Road, Thrissur.<br /> <br /> 2.Mr.Bijoy Vargheese,<br /> Alappat Diesels (I)<br /> Lamex Arcade, <br /> P.O.Road, Thrissur – 1. - Opposite parties<br /> <br /> <br /> O R D E R<br /> <br /> By Smt.K.P.Suma, Member <br /> <br /> The complainant is Palakkad Co-operative Urban Bank Ltd. represented by its Secretary. The opposite parties are the dealers of generators. The case of the complainant is that they decided to purchase a new Kirloskar generator from the opposite parties. The opposite parties promised the complainant that they will positively deliver the generator within one or two days after effecting the payment. On 5/4/04 a quotation was submitted by the opposite parties and the same was accepted by the Bank. It was stated in the quotation that Kirloskar make 12.5 KVA brand new air cooled diesel gen set, three phase mounted on 4 wheel trolley with all standard accessories with battery will be supplied to the complainant – within one or two days after effecting the payment. Believing the quotation of the opposite parties, the complainant paid full amount i.e. Rs.1 lakh to the opposite parties towards the cost of the generator. Amount was paid on 6/4/04 and the<br /> - 2 -<br /> receipt to that effect has been issued by the opposite party. Even after receipt of the entire amount the opposite parties failed to deliver the generator as promised by them. Therefore the complainant issued a registered notice to the opposite parties on 28/5/04. But there was no response from the side of the opposite parties. All of a sudden on 6/10/04 the opposite parties demanded Rs.10,000/- more for delivery of the article which is against the terms and condition stipulated in the quotation. Opposite parties promised to effect delivery of the article within one or two days after effecting the payment. Payment was effected on 6/4/04. So the delivery has to be effected on or before 8/4/04. Thus the act of the opposite parties amounts to deficiency in service and unfair trade practice. Thereby the complainant approached this forum for the redress of their grievances and also to grant compensation of Rs.25,000/- <br /> After admitting the complaint, notice was issued to the opposite party for appearance. First and second opposite party appeared through counsel but no version was filed on their behalf. <br /> Complainant filed chief affidavit along with documents. Ext.A1 to A4 were marked on the side of the complainant. Evidence was closed and matter was closed.<br /> We have perused all the documents produced form the side of the complainant.. Ext.A1 is the quotation submitted by the opposite parties. According to Ext.A2 it is evident that the complainant had paid Rs.1 lakh to the opposite parties towards the price of the generator. Ext.A3 is the lawyer notice issued from the side of the complainant. It is evident that payment was effected as per Ext.A2 on 6/4/04. but the delivery was not effected as stipulated in the quotation Ext.A1. Opposite parties have not issued any reply to Ext.A3 notice. The failure under part of opposite parties by non delivery of the gen set amounts to clear deficiency of service and unfair trade practice. The opposite party has neither turned up to file a version before this Forum and they have not adduced any evidence from their part. The case of the complainant has not been challenged from the side of the opposite parties. Hence the complaint is allowed. <br /> We therefore direct the opposite parties to deliver the gen set as promised by Ext.A1 quotation along with interest @6% from 6/4/04 till date of delivery. In default if the opposite parties failed to deliver the genset at any circumstances, the opposite party<br /> - 3 - <br /> shall refund an amount of Rs.1 lakh (Rupees One lakh only) to the complainant with 6% interest from 6/4/04 onwards till date of payment. The opposite parties are also directed to pay Rs.2,000/- (Rupees Two thousand only) as compensation for the mental agony suffered by the complainant due to the non delivery of the gen set. The aforesaid amount shall paid to the complainant within one month of date of receipt of this order failing which the complainant is entitled to get 6% additional interest for the aforesaid amount from the date of order till realisation.<br /> Complaint allowed. No cost.<br /> Pronounced in the open court on this the 30th day of November 2006.<br /> President (SD)<br /> Member (SD)<br /> Member (SD)<br /> APPENDIX<br /> Exhibits marked on the side of the complainant<br /> Ext.A1 – Quotation submitted by opposite party<br /> Ext.A2 – Receipt for payment of amount<br /> Ext.A3 series – Copy of registered notice and postal receipt <br /> Ext.A4 – Letter send by opposite party to complainant<br /> Forwarded/by Order,<br /> Sd/-<br /> Senior Superintendent<br /> <br />