DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KANDHAMAL , PHULBANI .
C.C.NO.09 OF 2018
Present: Miss Sudhira Laxmi Pattnaik - President I/c
Sri Purna Chandra Tripathy - Member.
Sri Pravat Kumar Mohanty aged 47 years.
S/O- Sri Gokulananda Mohanty
Proprietor of M/S- Swarajya Construction
AT- M/11/10- Housing Board Colony.
PO/PS: Phulbani Town, Dist: Kandhamal …………. Complainant.
- Versus-
Proprietor of: Shri Dwarkesh Road Equipment TM.
Near Transport Nagar, Dhamdha Road Union Office, Durg.
AT/PO/PS/Dist-Durg.
State – Chhattisgarh -PIN-491001(C.G) ………… Opp. Party.
For the Complainant: Advocate Sri Bhagaban Mohanty
For the Opp-Party : Advocate Sri M.R Mohanty & Associates.
Date of Order: 26th February2021
The brief fact of the case is that as per the quotation given by the OP on dated 03/04/2017 in favour of the Complainant upon his request for supply of the equipments to the tune of Rs.24,65,000/-. In order to procure the equipments the Complainant had arranged the finance from M/S Hinduja Leyland Finance Limited to the tune of Rs.18, 46,749/-. As per the agreed condition, the complainant had paid Rs.6,18,251/- in four installments and the remaining amount of Rs. 18, 46,749/-paid in shape of ICICI Bank cheque bearing No-434961 dated 27/04/2017 to the OP. Hence the total quoted amount has been paid to the OP. That, after received the payment in total, the OP on dated 15/05/2017 had delivered some equipments of Rs 11, 01,600/- to the Complainant with proper invoice No- 01 &02 dated 15/05/2017. Thereafter the OP did not supply the rest equipments to the complainant as per the agreement and contract. The Complainant requested the OP to supply the rest equipments which amounting of Rs 13, 63,400/- but the OP remained silent. For the gross negligency of the OP, the Complainant suffered financial loss as well as mental agony apart from the complainant alleged that the OP did not provide proper and periodical maintenance of the equipments to the complainant as per the contract.
From the averment facts and circumstances the present complaint filed before this commission with a prayer to issue direction to the OP for supply the rest equipments worth of Rs. 13, 63,400/- as per his quotation or else to refund the said amount along with interest 18% P.A from the date of the supply of the equipments i.e. 15/05/2017 till the date of payment, further prayed to grant compensation of Rs. 1, 00,000/- towards mental agony, financial loss and cost of litigation. Accordingly the case of the complainant admitted and issue notice to the OP for appearance and filling of written version in his support. The notice was duly served to the OP, the OP appeared through his counsel but did not file the written version. Hence on dated 01/02/2021 the OP was declared set- exparte.
We have gone through the petition, documents and evidence affidavit filed by the complainant in support of his case. After careful examination of the documents placed on record, we are of the view that on the request of the complainant the OP issued the quotation for an amount of Rs24, 65,000/-and received the total amount for supply of the equipments.
The equipments of Rs 13, 63,400/- has been supplied by the OP on dated 15/05/2017 and equipments of Rs 11, 01,600/- yet to be supplied by the OP even if several request of the complainant. Similarly the OP did not provide routine maintenance of equipments to the complainant. That from the averments it is well established that there is a gross negligence and deficiency in rendering proper service towards the complainant. Hence order:
O R D E R
The case of the complainant is allowed against the OP. Therefore the OP is hereby directed to supply the rest equipments worth of Rs. 13, 63,400/- according to the quotation or to refund the same amount to the Complainant along with interest @ 9% P.A from 15/05/2017 till the date of payment. Further the OP is directed to pay Rs. 10,000/- towards compensation and cost of litigation to the complainant within 45 days of receipt of this order. In the event of non compliance of this order within the given period, all dues shall carry interest @ 12% interest P.A from the date of order till the date of payment.
Order pronounced in the open court on this 26th day of February 2021.Accordingly the C.C is disposed off. Supply free copy of this order to both the parties.
Member President I/c
