D.O.F:28/01/2022
D.O.O:30/05/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.17/2022
Dated this, the 30th day of May 2022
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M: MEMBER
SMT.BEENA.K.G : MEMBER
Abdul Azeez Bejja, aged 35 years
R/at Firdous Manzil, Moodambayal. P.O
Bejja -671323, Proprietor, New Home Centre : Complainant
Highlight Tower, Anakkal Road, Hosangadi
(Adv: K. Rajeevan)
And
Muhammad Rasheed (MD)
ELMECH FAB,
Door # 1932, 2nd Floor,
Hayath Tower, Padamugal, : Opposite Party
Kakkanad
Kochi, Kerala- 682021
ORDER
SMT.BEENA.K.G : MEMBER
The complaint is filed under section 34 and 35 of the consumer protection act 2019.
The complainant had taken quotation to purchase display rack from the Opposite Party for a total amount of Rs. 3, 90,000/- and an advance amount of Rs. 2,00,000/- given in advance on 09/06/2021 by way of NEFT. The Opposite Party had agreed to deliver the aforesaid rack within 20 days. But the Opposite Party went on seeking time on one or other pretext. It was agreed by Opposite Party to receive the balance consideration of Rs. 1, 90,000/- only at the time of delivery of the said display rack. The inauguration of the complainants proprietary concern ‘New Home Centre’ was initially fixed in the month of August 2021but could not be materialized on account of the lethargic attitude of Opposite Party and total failure to perform the terms of the contract by Opposite Party. The complainant was repeatedly contacting the Opposite Party. At last on 31/10/2021 the said business enterprise was inaugurated. The complainant was constrained to purchase another display rack from Bangaluru for the purpose by meeting additional expenses. The complainant had also contacted Opposite Party and demanded refund of the paid advance amount for the said display rack. Though the Opposite Party had initially agreed but subsequently changed his words and started the very same evasive game. Therefore the complainant lodged a complaint before the SHO Manjeshwar on 09/12/2021. But the Opposite Party continued his game. The complainant who has been paying monthly rent for the building at the rate of Rs. 70,000/- had to wait from June to November 2021 for the inauguration sustained heavy loss not only of rent but the salary of the staffs and stagnation of the business and thereby loss of goodwill at the initial stages itself. Apart from the aforesaid loss the complainant has been subjected to extreme agony for no fault of his but on account of negligence and deficiency in service by the Opposite Party. The complainant was constrained to sent a lawyer notice to Opposite Party calling upon him to pay an amount of Rs. 5,00,000/- inclusive of advance consideration and damages, for pecuniary compensation for mental agony. But the Opposite Party refused to receive the notice and it was returned on 30/12/2021. Hence this complaint seeking refund of the advance amount with compensation for an amount of Rs. 5,00,000/- with cost.
Notice of Opposite Party served but not turned up, name of Opposite Party called, absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination, Ext A1 to A6 marked. The issues raised for consideration as :-
- Whether there is deficiency in service and negligence on the part of Opposite Party?
- Whether the complainant is entitled for relief?
- If so what is he relief.
For convenience Issues 1, 2 and 3 can be discussed together.
Complainant had taken quotation to purchase display rack from Opposite Party on 09/06/2021 for an amount of Rs. 3,90,000/- and paid an amount of Rs. 2,00,000/- as advance and the opposite party promised to deliver the rack within 20 days . Ext A1 is the E-mail copy, Ext A2 copy of quotation given by ELMECH FAB to complainant. Ext A3 is the copy of the counter foil of transaction of advance amount paid by complainant to Opposite Party, Ext A4 is the copy of the complaint given to Manjeshwar police station, Ext A5 is the copy of sale agreement. Ext A6 is the registered lawyer notice. Opposite Party agreed to receive the balance amount of Rs.1,90,000/- at the time delivery of the display rack. The inauguration of the complainants business concern ‘New Home Centre’ was fixed in August 2021 but the date was to be postponed due to the irresponsible attitude of Opposite Party. The complainant contacted Opposite Party many times but all his effort failed due to the non cooperation of Opposite Party. At last the complainant constrained to purchase display rack from Banglore by meeting additional expenses. There after the complainant caused to send a lawyer notice demanding refund of the advance amount with compensation and cost. The complainant also lodged a complaint before SHO Manjeshwar for the same purpose. Due to the delay in supplying the display rack complainant was constrained to pay monthly rent for building at the rate of Rs. 70,000/- for building and sustained heavy loss due to the salary of the staff and stagnation of business. Moreover the complainant has been subjected to extreme mental agony due to the negligence and deficiency in service on the part of Opposite Party. The documents produced by the complainant tallies with his case. In the absence of rebuttal evidence we are of the view that there is deficiency in service and gross negligence on the part of Opposite Party which caused severe mental agony and huge loss to the complainant. The complainant is entitled for relief.
Considering the facts and circumstances of this case and considering the documents Ext A1 to A6 this commission holds that the complainant is entitled to get refund of the advance amount with compensation and cost. Though the complainant claimed Rs. 5,00,000/- as compensation, it was not supported with documentary evidence of for rent, salary of the staff etc.
Therefore the complaint is allowed directing opposite party to refund Rs. 2 lakhs with interest at the rate of 9% from 9/06/2021 till payment with compensation of Rs. 1,00,000/- (Rupees One lakh only) along with a cost of Rs. 5000/-.
Time for compliance is 30 days from receipt of copy of this judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- E-mail copy
A2- Quotation
A3- Customer acknowledgment Rs. 2,00,000/-
A4- Copy of the complaint given to Manjeshwar Police Station
A5- Copy of sale agreement
A6- Lawyer notice
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
