Complaint filed on: 02-02-2023

                                                      Disposed on: 12-06-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 12^th DAY OF JUNE 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LL.B.(Spl)., LADY MEMBER

Consumer Complaint No.12/2023 

Sri. D.R.Naveen B.H. A/a 46 years,

R/o Nehar Dental Implant,

Below Medplus, Opp.Tammaiah Hospital,

Belagumba Road, Tumakuru District-572 103.

(By Sri.Dasappa .B, Advocate)

V/s

1.       The Proprietor,

          MENTOK HEALTH CARE PVT. LTD.,

          Registered Office:A-9, MANU VIHAR,

          BEHIND ROAD, No.9F-2 V.K.I., Area,

          Jaipur-302013, Rajastan.

2.       The Proprietor,

          MENTOK HEALTH CARE PVT. LTD.,

          CORPORATE OFFICE 82, 3^rd Floor,

          Sai Shree Building, Jumbu Savari,

          Kothnur Main Road, Laxman Layout,

          Gottigere, Bengaluru-560 076.

 (OP1 – Served)

(OP2 – Given up)

:O R D E R:

BY SMT.NIVEDITA RAVISH –  LADY MEMBER

This complaint is filed by the complainant Under Section 35 of Consumer Protection Act, 2019 against the Opposite Parties to direct them to pay a sum of Rs.1,50,000/- for compensation and a sum of Rs.5,000/- towards the legal expenses with other such reliefs as deems fit. 

2.       Opposite Party No.1 is the proprietor, MENTOK HEALTH CARE PVT. LTD, Jaipur, Rajastan (hereinafter called as OP No.1) and Opposite Party No.2 is the Proprietor, MENTOK HEALTH CARE PVT. LTD, CORPORATE OFFICE, Bengaluru (Hereinafter called as OP No.2).

3.       It is the case of the complainant that the complainant has booked the product by name procedure chair MHO346, Medical Stool MH0358 and Examination Light MH0292 from OP Company vide Quotation No.227500388, dated:19^th July 2022 and ordered with the OP No.1 office on 22.07.2022 for supply of said materials.  The complainant has agreed for priced amount of Rs.1,55,320-00 and the complainant has made complete payment of Rs.1,55,320-00 i.e. through online Rs.75,000-00 dated:20.07.2022, Rs.50,000-00 paid by the complainant on 30.09.2022 and finally Rs.28,889-00 paid on 01.09.2022.  Even the product delivered on 10.10.2022, the installation was done only on 07.11.2022 with delay.  Making the several approaches, requests, demands, the OP/Company have not installed the products in time as per their terms and conditions which amount to huge loss to livelihood of the complainant and causes mental agony.  Though the legal notice issued to OP Nos. 1 & 2 asking compensation for delayed installation, but the notices were returned.  Hence, the complaint.

4.       Twice notice issued to OP No.2 returned as “Addressee left without instruction and Addressee Left” respectively.  Hence, again ordered to issue notice to OP No.2, but in the meantime, the counsel for complainant filed memo regarding that the complainant has given up the OP No.2 from the proceedings and same was considered.  After the service of notice, the OP No.1 has wrote a letter with 05 documents to this Commission for grant some time to appear before this Commission.  Giving several opportunities, the OP No.1 has not appeared before this Commission, remained absent and not filed the version, affidavit and also not addressed the arguments. 

5.       The complainant has filed his affidavit evidence with 04 documents, which were marked as Ex.P1 to P4.  The argument of complainant is taken as heard and the points that would arise for determination are as hereunder:-

1. Whether complainant proves the deficiency of service on the part of OPs?

2. Is complainant entitled to the relief sought for?
6.        Our findings on the aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: Partly Affirmative, as per the final order

                   For the following;

:REASONS:

Point Nos.1 and 2:

7.       The complainant submitted that he had booked the product by name (1) Procedure chair-MH0346, (2) Medical Stool-MHO358 and (3) Examination light-MHO292 from OP’s company vide Quotation No.227500388, dated: 19^th July 2022.  To prove the same, the complainant has produced the Ex.P1/copy of quotation which is reflecting the quotation number as 227500388 and other details about customer name, description, quality, rate, amount, GST, percentage of GST, total amount etc.  Further, the complainant has submitted that after receiving the quotation, the complainant has ordered on 22.07.2022 for supply of said materials.  To prove the same, the complainant has produced annexure Ex.P2/copy of the product confirmation order, which reflects as Re: pre-production confirmation order No.222700593 and 222700595.  The annexure Ex.P2 establishes that, the complainant has ordered the said products on 22.07.2022.  Further, the complainant submitted that he has paid full amount of Rs.1,55,320-00 i.e. Rs.75,000-00 through online dated:20.07.2022,  Rs.50,000-00 paid on 30.09.2022, finally Rs.28,889-00 paid on 01.09.2022.  As per Ex.P2 / copy of details regarding payment made to OPs proves that the complainant has paid total amount only Rs.1,53,889-00 to the OP.  Further, the complainant has submitted that the OP has delivered the product on 10.10.2022, but installed belatedly on 07.11.2022.  On perusal of Ex.P1/copy of the invoice, wherein, in the column of Remarks, the OP has mentioned as “ Remarks: Remarks order will be dispatch within 15 to 25 days payment terms 50% advance 50% at the dispatch time, one year warranty of Control box, remote, motor, one year warranty of OT Light, we will provide installation within 2 to 3 days after delivered product”. As per above remarks, the OP should provide installation within 2 to 3 days after delivery of product.  But the OP has provided installation after 28 days from the date of delivery of product as per the complainant.  The OP has sent 3 documents through post to this Commissions, those are;

1. Consumer court letter delivery tracking detail
2. Dr.Naveen B.H. Parcel dispatch detail,
3. Dr.Naveen B.H. Delivery tracking details.  

The document Nos. 2 & 3 sent by the OP No.1 are showing only about the delivery of the product and not showing any information about when the OP has installed the product.  Giving several opportunities, the OP has failed to establish that they have provided the installation within 2 to 3 days after delivery of the product as per the remarks given by the OP in the Ex.P1.  Hence, installation of product belatedly by the OP is amounts to deficiency in service on the part of OP. 

8.       As per the memo filed by the complainant, the complaint against OP No.2 is given-up.

9.         The complainant has prayed for Rs.1,50,000-00 of compensation.  Per-contra, the complainant has not produced any documents to show that he has entitled for the compensation of Rs.1,50,000-00.  But considering the mental agony caused to the complainant in the delayed installation of product, the OP shall liable to pay Rs.5,000-00 towards the compensation. The OP has compelled the complainant to approach this Commission; hence, the OP is liable to pay Rs.5,000-00 as litigation cost.  Accordingly, we pass the following:-

:ORDER:

The complaint filed by the complainant is allowed in part against OP No.1.

The OP No.1 is directed to pay compensation of Rs.5,000-00 and litigation cost of Rs.5,000-00 to the complainant within 45 days from the date of receipt/knowledge of this order, otherwise it carries fine of Rs.50-00 per day till realization.

Furnish copy of this order to both parties at free of cost.