Date of Filing: 21/09/2011

        Date of Order:05/11/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  5^th DAY OF NOVEMBER 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO.1738 OF 2011

G.V. Gore,

Proprietor of

M/s. Eco Engineering,

No.13, 1^st Cross, Subbanna Garden,

Behind BTS Garage, Vijay Nagar,

BANGALORE-560 040.

(Rep. by In.person)                                                            ….  Complainant.

V/s

Mr. Rajashekar,

Proprietor of

Associated Engineers,

# 274/A1, Industrial Area

Bommasandra Hosur Main Road,

Anekal Taluk, Bangalore District.

(Notice served-remained absent)                                           …. Opposite Party.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to pay Rs.7,40,300/-, are necessary:-

For his purposes the complainant has obtained quotation for supply of 9 kilo liters capacity stainless steel tank for the purpose of water treatment plant on 05.03.2011 from the opposite party.  Accordingly he paid an advance of Rs.1,75,000/- to the opposite party and paid another sum of Rs.54,000/- in April-2011.  The complainant had purchased Engine/Chassis from Eicher motors in March 2011 by paying Rs.9,40,000/- and kept it ready for fitting it with the tanker.  The complainant paid in all Rs.3,90,300/- between 16.03.2011 to 30.04.2011 to the opposite party.  In may-2011 the opposite party supplied the tanker.  On examination of the tanker the complainant found that the capacity was not 9 kilo liters hence the complainant took the tanker to M/s. Zodiac Clothing Company Limited, Yelahanka and industrial waste water was filled then found that the tanker is of 3 kilo liters and not 9 kilo liters.  The complainant was losing Rs.1,750/- per day.  Hence the complainant has written to the opposite party on 26.05.2011 to deliver the tanker of 9 kilo liters capacity, as there was no response he issued a letter on 28.06.2011 to the opposite party demanding return of the money.  In spite of that as there was no response this complaint is filed.

2.       The notice of this complaint was served on the opposite party as per the postal acknowledgment.  In spite of that the opposite party did not contest the proceedings throughout.  Hence the complainant has filed his affidavit.  The arguments were heard.

3.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is deficiency in service?
2. What Order?

4.       Our findings are:-

Point (A) & (B):        As per the final Order

                             for the following:- 

-:REASONS:-

Point A & B:-

5.       The complaint is summarized supra, the same be read herein again.  None of the allegations are traversed or denied or challenged to any extent in any manner whatsoever by opposite party.  Reading the complaint in conjunction with the affidavit and documents on record, it is established that on 05.03.2011 the opposite party has given a quotation for supply of 9 kilo liters stainless steel water tank to be fixed on Eicher H.10 Cab with certain specification, regarding fabrication of the Tanker Mounting Bed, Mudguard, Sub Frame, Carrier, Valve, Mouth, Bumper, etc.,.  Accordingly the complainant placed an order for the same and paid Rs.1,75,000/- on 16.03.2011, Rs.58,400/- on 18.04.2011 and Rs.1,56,900/- on 30.04.2011 through cheques which has been encashed by the opposite party.  The opposite party on receipt of the amount had fabricated and delivered the fabricated tanker in May-2011.  The complainant found that it is not of 9 kilo liters.  Hence he has written to the opposite party on 26.05.2011.  The relevant portion of the letter reads thus:-

“We had ordered for the fabrication of 9 KL Tanker for our Vehicle Chassis No.MC233 GRCOAL 046710.

We have found that you have delivered tanker of capacity 8 KL only.

This is chemical tanker made of SS 304 grade and we want some vapour space for the tanker.

Your tank is not acceptable to us.

Hence deliver 9 KL tanker as per the agreement.  We have made full payment as per your invoice No.65 Dated: 27/04/11.

In case you do not respond, we will take legal action.”

In spite of the receipt of the said letter the opposite party did not cared to reply the said letter nor fabricated and delivered the 9 kilo liters capacity tanker to the complainant, as it has delivered only 8 kilo liters capacity tanker. 

6.       As the opposite party has not delivered the tanker as ordered by the complainant, the complainant issued a notice to the opposite party on 28.06.2011.  Even after the receipt of the said notice on 30.06.2011 the opposite party failed to deliver the 9 kilo liters tanker nor refunded the money.  Hence the complainant has filed this complaint.  All these things clearly establish that the complainant wanted 9 kilo liters tanker, but the opposite party has delivered 8 kilo liters tanker.  The opposite party has received the amount for 9 kilo liters tanker.  Receiving the amount for 9 kilo liters tanker and delivering only 8 kilo liters tanker which is nothing but deficiency in service.  The complainant had given an opportunity to the opposite party to fabricate a tanker of 9 kilo liters and deliver it to him and take back the 8 kilo liters tanker.  Even then the opposite party cared a braspin for the said request.  Hence we hold the above points accordingly and proceed to pass the following:-

ORDER

1.        The complaint is Allowed-in-part.

2.        The opposite party is directed to pay to the complainant the sum of Rs.3,90,300/- together with interest thereon at the rate of 12% per annum from 30.04.2011 until payment within 30 days from the date of this order.

3.        The opposite party is also directed to pay to the complainant a sum of Rs.2,000/- as costs of this litigation.

4.        The opposite party is directed to send the amounts as ordered at Serial Nos. 2 & 3 above to the complainant through DD by registered post acknowledgment due and submit the compliance report to this Forum with necessary documents within 45 days from the date of this order.

5.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

6.       Send a copy of this order to both the parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 5^th Day of November 2011)

MEMBER                                               MEMBER                                         PRESIDENT