Smt. Sangita Paul, Member

This complaint case is in respect of a dispute regarding supply of a new machinery item which got shut down due to malfunctioning leading to loss of livelihood of the complainant.  The prayer of the complainant is for a direction upon the OP to refund the cost of the machine along with Rs.19,000/- as cost of returned raw materials and a compensation for Rs.1,00,000/- for suffering mental peace and agony.

The case of the complainant in gist as averred is that she received an invoice for Rs.95,002/- along with estimation for raw materials totaling to Rs.3,21,000/- and accordingly paid Rs.21,000/- by cheque and another Rs.80,000/-, Rs.40,000/-, Rs.80,000/- and Rs.1,00,000/- through UPI online payments on various dates for a total amount of Rs.3,21,000/- for her livelihood and self employment by purchasing an agarbatti (incense) manufacturing machine.  The complainant purchased the machine along with raw materials but it started malfunctioning within a month and then got shut down completely.  Inspite of repeated efforts of the complainant, the OP misbehaved, stopped receiving phone calls and stopped supplying raw materials.  After many requests also, the problem remained unresolved.  The complainant claimed refund of raw materials worth Rs.19,000/-.  The complainant also referred the dispute to CA & FBP office.  But it did not get resolve.  Hence the case and the complainant filed this complaint case for deficiency in services and unfair trade practices on the part of the OP. 

The service return was duly completed for the OP who did not file written version.  Hence the case was proceeded ex-parte as per order dated 22 February, 2023 of this Commission. 

The final argument was heard on merit on 24.05.2023 read with all records and documents and exhibits when the argument was advanced by the Ld. Advocate of the complainant.  The main points for determination of this case are that :-

1.  Whether the complainant is coming under the scopes of C P Act or not?
2. Whether the complaint of deficiency in services and unfair trade practices on the part of the OP is established or not?
3. Whether the complainant is entitled to the relief as prayed for or not?

Decisions with Reasons :-

The decisions with reasons on all the points are taken up together for the sake of brevity and avoidance of repetition of facts.

1. It is found that the OP has issued an invoice No.120 dated 20.11.2021 for Rs.95,000/- and a part receipt for Rs.21,000/- in favour of complainant for sale of goods.  OP has also given services by providing documents in support of supply of raw materials.  Hence the complainant is a Consumer under the scopes and meaning of the Consumer Protection Act, 2019 falling under the pecuniary and geographical jurisdiction of this forum as per complainant’s address.
2. From the petition it appears that the complainant purchased the machine along with raw materials as feedstock for yields of finished products.  But the machine started malfunctioning within a month and subsequently got shut down completely.  Inspite of repeated efforts of complainant, the OP misbehaved and then stopped receiving the phone calls even.  The OP also stopped supplying raw materials.  After many requests also, the machine -problem could not get resolved. The exhibits substantiate that the complainant made payments for Rs.3,21,000/- to the OP company as claimed.  The invoice No.120 dated 20.11.2021 and hand written notes of OP in respect of raw-material-cost also depicts the same. The other payment-proof-documents like UPI trail, bank statement copy, receipts from OP also carry the evidentiary value in support of the complaint.  The complainant claimed refund of raw materials worth Rs.19,000/-.  Being ex-parte there is no defence available to the above said contentions of complainant.  Hence, the complaint of deficiency in services and unfair trade practices on the part of the OP is established.
3. Complainant faced huge financial loss after buying the machine for preparation of incense, sticks with raw materials.  Complainant found machine as defective within a short span of time but the OP did not either replace or refund the cost.  Being a seller of the equipment and service provider, the OP failed to extend proper services.  The complainant tried to establish contact with the OP but there was no response.  As a result complainant neither could operate the machine, nor could utilize the raw materials nor earn her livelihood.  Hence the complainant is entitled to get relief as prayed for deficiency in services and unfair trade practices.

          Hence, it is,

ORDERED

that the instant complaint case be and the same is allowed ex-parte against the OP with cost of Rs.10,000/- (Rupees Ten Thousand).

The OP is directed to refund Rs.3,21,000/- only along with simple interest @8% w.e.f. 20.11.2021 till the complete realization of the payment within 60 days of this order and the complainant is directed to return the defective machine along with all the balance raw materials to the OP simultaneously on the same date of receiving final payment.  The OP will accept return of supplied machine and raw materials from the complainant on ‘as is where is ‘  basis and be at liberty to deduct the amount of shortfall of raw materials, if any, received from the complainant. 

All the above said payments in terms of this order will be made by the OPs to the complainants within 60 (sixty days) from this day I/D a simple interest @ 12% per annum will get accrued till the date of final realization. 

If the Opposite Party fails to comply with the above said direction within the period mentioned above, then the complainant is at liberty to put the entire order into execution in due course of law.

Let a plain copy of this order be provided to both the parties fee of cost as per CPR.

That the final order will be available in the following website: www.confonet.nic.in.

            Dictated and corrected by me.  

                  Sangita Paul                   

                     Member