O R D E R
(By Sri S. Bhaskara Rao, Member on behalf of the Bench)
1. The complainant sought a sum of Rs. 20,00,000/- towards damages for deficiency of service, mental agony and physical strain.
2 The case of the complainant in brief is that it is an extension wing of MPEDA, Ministry of Commerce and Industry, Government of India. They intended to provide the aqua farmers in various districts to set up tube ice making machines at the identified aqua culture areas in the country. The complainant invited tenders for placing orders for supply & installation of tube ice making machines. The opposite parties have offered to supply installation & commissioning of the 20 TPD capacities containerized tube ice plants. The complainant placed an order which has been duly signed by the opposite parties.
3 It is also their case accordingly the opposite parties visited the identified areas of the aqua culture and advised the farmers to make arrangements of site and also advised the farmers who formed into association at different places to make their arrangements who invested huge amounts. But the opposite parties failed to supply and installation of ice making machines as per work order. The opposite party without arranging the same dragged on the matter on some pretext or other. Thus it amounts to deficiency of service. Later they also issued a lawyer’s notice. Thus the act of opposite parties amounted to unfair trade practice. Thus they filed the present complaint.
4 Though notice was served, the opposite parties are remained absent and as such they were set exparte.
5 Now the points for determination are:
- Whether there is any deficiency of service on the part of opposite parties?
- If so, whether the complainant is entitled for the amount as sought by him?
- To what relief?
6 Point No.1: To prove their case the complainant filed proof affidavit of C.E.O. and exhibited 6 documents. Ex.A1 is office copy of lawyer’s notice, Ex.A2 is returned cover, Ex.A3 is accepted work order, Ex.A4 is letter of cancellation of work order by the complainant, Ex.A5 is postal receipt and Ex.A6 is letter addressed by Srinivasa Aqua Culture Welfare Association.
7 The documents Ex.A1 to A6 show the opposite parties miserably failed to supply the items ordered by the complainant and committed deficiency of services causing loss to the complainant and farmers . The act of the opposite party defeated the rights of the Aqua farmers all over the place. Hence this point is answered in favour of the complainant.
8 Point No.2: In view of the finding rendered under point No.1 the complainant is entitled for compensation. Hence this point is answered accordingly.
9. In the result, the opposite parties are directed to pay sum of Rs. 20,00,000/- [Rupees twenty lakhs only] towards compneation within one month from the date of this order. Otherwise the said amount shall carry interest @9% from the date of complaint till date of realization.
Dictation taken by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 16th day of April, 2015.
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MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:
PW1: Sri G Raj Kumar
PW2: Sri U Subbaraju
For opposite parties: NIL
DOCUMENTS MARKED
For complainant:-
Ex.A1 Office copy of lawyer’s notice issued by the complainant to the opposite parties
Ex.A2 Returned cover
Ex.A3 Accepted work order
Ex.A4 Letter of cancellation of work order by the complainant
Ex.A5 Postal receipt
Ex.A6 Letter addressed by Srinivasa Aqua Culture Welfare Association.
For opposite parties:- NIL
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MEMBER PRESIDENT
