By Smt. PREETHI SIVARAMAN.C, MEMBER
1. The complaint in short as follows:-
On 02/04/2022, complainant purchased 1000 litre 8mm SS Prime Tank with powder coated stand worth Rs. 33,000/- from the opposite party SN Enterprises forstoring coconut oil. From the very first day of its installation it had defects and complainant continuously contacted opposite party for rectifying the defects. But there is no steps taken by the owners of opposite party Mr. Naveen & Sreeraj. Due to the defective Tank, complainant’s unit was not properly worked. Hence she faced financial crisis.
2. Complainant purchased a steel tank from opposite party which was manufactured by the 'Hill Take' company. Complainant’s husband is a gulf returnee who lost his job due to covid pandemic. Hence they started this oil mill for the livelihood of their family. They started this project after taking a loan from the Margin Money Grant Scheme conducted by Industrial department. There is clear deficiency of service and unfair trade practice from the side of opposite party. Hence this complaint.
3. The prayer of the complainant is that, she is entitled to get a full refund of Rs. 33,000/- the cost of the steel tank, Rs.1,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite party three or four times and again notice sent through email address of opposite party. But the notice to opposite party returned as ‘left’. Hence opposite party set exparte. Thereafter on 30/01/2023 opposite party filed one IA to advance the complaint and filed petition to set aside the exparte order pronounced by this Commission against them. Commission found that notice to opposite party sent several times. All of them returned stating ‘left’. Hence there is no merit in that application. Hence IA 55/2023 dismissed. Thereafter complainant filed affidavit and document.
5. In order to substantiate the case of the complainant, she filed an affidavit in lieu of Chief examination and the documents she produced were marked as Ext. A1 to A5. Ext.A1 is the copy of tax invoice provided by opposite party to complainant at the time of purchasing the tank dated 02/04/2022. Ext.A2 is the copy of the payment details. Ext.A3 is the copy of the e-way bill provided by opposite party to complainant on 03/04/2022. Ext.A4 is the copy of the agreement for Margin Money Grant Nano Units by complainant. Ext. A5 is the Photostat copy of the photograph of the tank.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents which are very supportive to prove her case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.33,500/-(Rupees Thirty three thousand and five hundred only) the cost of the oil tank to the complainant and complainant is directed to return the tank to opposite party after payment made by opposite party and opposite party is directed to take the tank from where it situated .
- The opposite party is directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 24th day of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Copy of the tax invoice provided by opposite party to complainant at the
time of purchasing the tank, dated 02/04/2022.
Ext.A2 : Copy of the payment details .
Ext.A3 : Copy of the e-way bill provided by opposite party to complainant on
03/04/2022.
Ext.A4 : Copy of the agreement for Margin Money Grant Nano Units by complainant.
Ext. A5 : Photostat copy of the photograph of the tank.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
