Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite party on the allegations that the complainant is self employed and is running a flour mill with the above mentioned name and style at Tarn Taran and this is only bread earning of the complainant and he is totally dependent upon his source for his livelihood. The complainant purchased one set of flour Mill Machiens consisting of Mixture Machine Pulverizer and an elevator on 16.12.2020 from the opposite party to upgrade his flour mill and the opposite party manufactures these equipments so the complainant approached the opposite party for purchasing these equipments for the flour mill for a total price of Rs. 2,24,000/-. The complainant paid Rs. 50,000/- in cash on 8.11.2020 and the remaining amount was to be paid by the complainant through cheques in favour of the opposite party so the opposite party after receiving Rs. 50,000/- in advance in cash and three cheques amounting to Rs. 35,000/- Rs. 22,000/- and Rs. 35,000/- respectively and also again Rs. 82,000/- in cash to the opposite party but the complainant was astonished to see when the opposite party issued tax invoice dated 16.12.2020 having No. 170 for Rs. 1,05,000/- so the complainant asked the opposite party to issue a tax invoice of Rs. 2,24,000/- which the complainant is paying to the opposite party in total for the above mentioned equipments but the opposite party told the complainant that for saving sale tax etc. he has not issued a full amount tax invoice and has only issued tax invoice for Rs. 1,05,000/- so the complainant again asked the opposite party to issue a tax invoice of full amount but the opposite party told the complainant that he will issue a new tax invoice after the installation of the machinery, as such the complainant believed the words of the opposite party and awaited for the tax invoice of the full amount i.e. Rs. 2,24,000/-. After obtaining the delivery of the above mentioned machinery from the opposite party, the complainant installed it at his premises but immediately after installation the set of machinery started giving and showing various problems and did not function up to mark. The machinery puts excessive load on the electricity and also does not work and give output as per the assurance of the opposite party, so the complainant approached the opposite party regarding his grievance but inspite of passage of lot of time the machinery did not work up to mark and the complainant had to suffer a lot of harassment due to its malfunctioning so the complainant issued various request letters to the opposite party at his address but all these letters were never received by the opposite party and returned back in-connivance with the postman of the area by giving false reports on them. The complainant had to visit the opposite party several times and complained this party regarding the malfunctioning of the machinery but nothing was done by the opposite party regarding the grievance of the complainant. Due to malfunctioning of the above said set of machinery i.e. the flour mill purchased by the complainant from the opposite party, the complainant had to suffer a lot of loss in the business and had also suffered a lot of harassment and mental pain and agony due to the defective machinery and this defective machinery having defects from the day one being manufacturing defects were never rectified and fixed by the opposite party inspite of a lot of efforts by the complainant in this regard. The opposite party did not issue the tax invoice of the full amount of Rs.2,24,000/- as promised by him at the time of selling of the machinery. The complainant has prayed the following relieves:-
- The opposite party may kindly be directed to replace the defective set of flour mill with a new set of equipment or return Rs. 2,24,000/- immediately to the complainant which he had paid to him to purchase this machinery.
- An amount of Rs. 50,000/- as litigation charges and Rs. 1,00,000/- as compensation on account of mental harassment and physical harassment caused to the complainant at the hands of opposite party, on account of short come, deficient and negligent service may also be awarded to the complainant in the interest of justice, equity and fair play
Alongwith the complaint, the complainant has placed on record self attested copy of tax invoice Ex. C-1, Self attested copy of letter Ex. C-2, Self attested copy of Post receipt Ex. C-3, Self attested copy of report by postman Ex. C-4, Self attested copy of Adhar Card of the complainant Ex. C-5, Affidavit of complainant Ex. C-6.
2 Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version by interalia pleadings that the present complaint is not maintainable in the eyes of law as infact the complainant purchased one set of flour mill machines consisting of mixture machine, pulverizer and an elevator on 16.12.2020 for a sum of Rs. 1,05,000/- from the opposite party vide bill No. 170 dated 16.12.2020. The story of purchase of above said machine for a sum of Rs. 2,24,000/- is wrong and false and story is concocted one and after thoughts and there is no any bill of purchase of Rs. 2,24,000/-. The real facts are that the complainant paid advance an amount of Rs. 50,000/- to the opposite party on 8.11.2020 and out of the said amount of Rs. 50,000/- the opposite party on the demand of complainant got purchased an old motor of 2 HP for an amount of Rs. 37,500/- for the complainant which was handed over to him and only Rs. 12,500/- was left due towards the opposite party, meaning thereby that the opposite e party has to receive/ take the balance amount of Rs. 92,500/- from the complainant as the total amount of the purchased machine by the complainant was for an amount of Rs. 1,05,000/-. Out of the balance amount of Rs. 92,500/- which was due towards the complainant, he issued three cheques in faovur of opposite party, one cheque for an amount of Rs. 22,500/- and two cheques of Rs. 35,000/- each out of which the payment of one cheque of Rs. 22,500/- received by the opposite party and third cheque payment of Rs. 35,000/- was still due towards the complainant party as the said cheque was dishonored and the complainant filed complaint under section 138 NI Act titled as Hardeep Singh Vs Ranjit Singh in the court of Smt. Harsimranjit Kaur JMIC Amritsar is pending in which complainant party is also appearing as an accused which is now fixed for 13.12.2022 in which on 1.10.2022 by the direction of JMIC the matter was sent to the Mediation Conciliation Center Amritsar to the Mediator Sh. Gurnam Singh which was settled as compromised between both the parties for an amount of Rs. 39,000/- in which it was settled that the second party Ranjit Singh will pay Rs. 39,000/- to the first party Hardeep Singh on 27.10.2022 and after said compromise the complainant party M/s Guru Nanak Flour Mill filed this complaint in this commission only to harass the opposite party as and when the matter has been decided by the Hon’ble Court of Smt. Harsimranjit Kaur JMIC Amritsar through Mediation Center, the question does not arise to file this complaint against the opposite party as the settled compromised amount was not paid by complainant Ranjit Singh towards Hardeep Singh. The complaint under Section 138 NI Act, was filed against the complainant party Ranjit Singh on 13.8.2021 by the opposite party Hardeep Singh in court at Amritsar and the matter was also compromised for an amount of Rs. 39,000/- which was to be paid by Ranjit Singh party to Hardeep Singh party on 27.10.2022 which was not paid by complainant party Ranjit Singh and the present complaint filed by Ranjit Singh complainant party against opposite party Hardeep Singh in the month of September 2022 only to harass the opposite party, as if there was any problems in the said machines why the complaint has not been filed by the complainant party as if there was any problems in the said machines why the complaint has not been filed by the complainant party but when the due amount of Rs. 39,000/- was not paid by the complainant party to the opposite party, he filed the complaint against the complainant party and this is the counter blast complaint filed by the complainant party against the opposite party only to harass him and to grab the amount from the opposite party for which he has no right to do so. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same. alongwith the written version, the opposite party has placed on record affidavit of Hardeep Singh Ex. OP/, Photostat copy of complaint Ex. OP/2, Photo copy of order dated 1.10.2022 Ex. OP1/3.
3 We have heard the Ld.counsel for the complainant and opposite parties and have carefully gone through the record placed on the file.
4 From the combined and harmonious reading of pleadings and documents, it is transpired that the complainant has purchased one set of flour Mill Machiens consisting of Mixture Machine Pulverizer and an elevator on 16.12.2020 and as per version of complainant, he has purchased above equipments for flour mill for a sum of Rs. 2,24,000/- out of which Rs. 50,000/- were paid in cash, however, the opposite party has issued a bill to the tune of Rs. 1,05,000/- i.e. Ex. C-1. On the various occasions, the complainant requested to the opposite party to issue the bill to the tune of Rs. 2,24,000/- but the opposite party not issued the Bill.
5 The opposite party has stated that the actual bill was to the tune of Rs. 1,05,000/- as per Ex. C-1 placed on record by the complainant himself. As per the opposite party, the real facts are that the complainant paid advance amount of Rs. 50,000/- to the opposite party on 8.11.2020 out of the said amount of Rs. 50,000/-, the opposite party on demand of complainant got purchased an old machine of 2 HP for an amount of Rs. 37,500/- for the himself which was handed over to him and only Rs. 12,500/- was left due towards the opposite party. Hence, the opposite party has to receive the balance amount of Rs. 92,500/- from the complainant. Out of the balance amount of Rs. 92,500/-, the complainant issued three cheques in favour of opposite party i.e. one cheque for Rs. 22,500/- and two cheques of Rs. 35,000/- each. Out of which payment of one cheque of Rs. 22,500/- was received by the opposite party and one cheque payment of Rs. 35,000/- was still due towards the complainant as the cheque was dishonoured. Then a complaint under Section 138 of Negotiable of Instrument Act titled Hardeep Singh Vs Ranjit Singh filed before the Judicial Magistrate 1st Class Amritsar. On 1.10.2022, Ld. Judicial Magistrate 1st Class Amritsar sent the said matter to Mediation and Conciliation Centre Amritsar whereby both the parties arrived at the settlement that the complainant will pay Rs. 39,000/- to the opposite party. But as per opposite party still it has not been paid by the complainant till date.
6 The complainant has stated in his complaint that the opposite party has sent defective machine to the complainant as such, his flour mill is not working properly and he has suffered a lot of loss and mental harassment. The complainant has issued many letters to the opposite party to rectify the defect, but the opposite party has not received the said letters the reasons best known to him. The complainant has also written a letter Ex. C-2 to rectify the defect in the machinery which was sent by the opposite party. But the opposite party has not repaired/ rectified the defect. A legal notice was also sent but the opposite party neither filed any reply to the legal notice nor they have rectified the defect in the above said machinery. It has become very much clear that the complainant has requested to the opposite party for Redressal of his grievances, a letter Ex. C-2 as well as legal notice support the contention of the complainant. But till date, the opposite party has neither repaired the machinery nor they have replaced with the new one. On the other hands, the complainant is alleging that he has purchased a machinery for Rs. 2,24,000/- but he himself has placed on record bill Ex. C-1 for Rs. 1 for Rs. 1,05,000/- . Moreover, when the case was listed before the Ld. Judicial Magistrate 1st Class Amritsar and it was sent to the mediation and Conciliation Centre in which the complainant himself has arrived at compromise that he will pay Rs. 39,000/-. Meaning thereby that he has nothing to say about the sum of Rs. 2,24,000/- because this fact has not been established on record by the complainant. With the above said discussion, we are of the considered view that the opposite party has supplied defective machinery to the complainant as such there is deficiency in service as well as unfair trade practice on the part of the opposite party
7 Hence, we direct the opposite parties to repair the machinery in question to the satisfaction of complainant or in case it is not repairable then the opposite party will replace the same with new one of the same make and same model. However, the opposite party is at liberty to recover Rs. 39,000/- from the complainant which was agreed by complainant as per compromise in the court (JMIC Amritsar) as per law. The opposite party has harassed the complainant for a long time, as such, the complainant is also entitled to Rs. 10,000/- as compensation on account of harassment and mental agony and Rs 5,000/- as litigation expenses. Opposite party is directed to comply the order of this commission within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission.
30.05.2024
