OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 63 of 2018
Date of Filling : - 17.07.2018.
Date of Order :- 15.10.2018.
Pramananda Behera,S/O.Late Gandharba Behera,
Of Vill.Bhandubar,Kumanda,P.O.Kumanda,P.S/
Dist.Angul.
__________________________Complainant.
Vrs.
- Priti Aqua Solution,Shreeram Market Complex, 1st floor, Upstair,Maa Budhi Indane Gas,NH-55,Similipada,Angul Town, P.O/P.S/Dist-Angul
- Nirmal Barik,Franchisee/Proprieter,Priti Aqua Solution, Shreeram Market Complex, 1st floor Upstair Maa Budhi Indane Gas,NH-55,Similipada,Angul Town, PO/PS/Dist-Angul
…...................................................Opp. Parties
For the complainant :- Sri R.K.Maharana & associates(Advs.).
For the opp.parties :- Self.
: J U D G E M E N T :
Smt.S.Mallick, Member.
The petitioner has filed this case with a prayer to direct the opp.parties to receive monthly installment every month from June, 2018 till the cost of the Aquagurd is cleared.
2. The case of the complainant is that the opp.parties have supplied a Reviva NXT RO + UV (Aquagurd) made of Eureka Forbes Ltd by receiving Rs. 2,000.00 on 9.2.2018. It was agreed by the opp.parties that the complainant would pay monthly installment of Rs. 1000.00 within 2nd week of every month till the cost of the Aquagurd is paid. Accordingly he paid the monthly installments Rs. 1,000.00 on 25.4.2018 and on 9.5.2018 . But on 9.5.2018 the opp.party No.2 demanded Rs. 11,000.00 towards final payment of the Aquaguard. When he expressed his inability to pay the final payment except monthly installment, the opp.party No.2 threatened to take away the Aquaguard by using force. Then in the month of July i.e on 13.7.2018 the opp.parties came to the house of the complainant and wanted to take away the Aquaguard machine but on protest of the complainant, they failed but threatened him to face the consequences. It is further pleaded that the complainant is ready to pay the monthly installments but the opp.parties are not taking the same since June, 2018 and deliberately making him defaulter.
3. Opp.parties in respect to the notice, issued from this forum in this case, appeared and contested the case by filing written version. Sale of Aquagurd machine to the complainant on dt. 9.2.2018 by receiving Rs. 2,000.00 from the complainant is admitted by them
4. In course of hearing of the case, the complainant substantiated the case and submitted that the opp.parties did not receive the monthly installments of Rs. 1,000.00 for the month of June, 2018 which was fixed from the beginning. Rather they demanded Rs.11,000.00 towards final payment of the Aquaguard.It is evident from pleadings of both the parties that complainant has paid the monthly installment of Rs. 1,000.00 each in the month of April and May and the said installments mere received by the opp.parties. During course of hearing both parties admitted for payment of rest amount in monthly installment of Rs. 1,000.00 till total clearance.
5. Hence order :-
The case is disposed of on contest by both the parties. The petitioner’s prayer to repay the monthly installments of Rs. 1,000.00(Rupees One Thousand) is allowed .However the petitioner shall pay the installments of June, July ,August ,September i.e Rs.4000.00 (Rupees Four Thousand) shall be paid by the petitioner within 30 days of this order. The installment from November,2018 shall be paid by 14th of succeeding month by the petitioner.
Order delivered in the open forum today the 15th October, 2018 with hand and seal of this Forum.
Typed to my dictation Sd/-
and corrected by me ( Sri D. C. Mishra)
President.
Sd/-
( Smt.S.Mallick) Sd/-
Member. (Sri K.K.Mohanty)
Member
