DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA
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CONSUMER CASE NO.138/2019
Srikanta Patel,
S/o- Late Sahadev Patel,
At/Po: Lankahyda, Ps- Sadar, Dist: Sundargarh.
At present At- Leporsy Colony,
Po/Ps/ Dist.- Jharsuguda, Odisha……………………….…….…………Complainant.
Versus
Rajkumar Sakunia,
Prop. Of R.K.Contruction,
At- Near Man Mohan M.E. School, Marwaripara, Jharsuguda.
Poi/Ps/Dist- Jharsuguda, Odisha……………………….……...…....……..Opp. Party.
Counsel for the Parties:-
For the Complainant Sri S.N.Pasayat, Adv. & Associates.
For the Opp. Party Sri R.K.Sharma, Adv. & Associates.
Present:- 1. Smt. Jigeesha Mishra, President.
2. Smt. Anju Agrawal, Member.
Date of hearing- 29.08.2022 Date of order- 19.10.2022
Smt. Jigeesha Mishra, President : - This is the case of complainant alleging deficiency in service and unfair trade practice against the O.Ps.
1,The case of the complainant is that the complainant has purchased the building fitting mat4rials worth Rs.4,00,000/-( Rupees four lakhs only) on case but the O.P has never issued any cash memo to the complainant on his repeated demand. The complainant issued cheque as security deposit prior to sending building fitting materials by the O.P In order to increase the sale, the O.P has sent building fitting materials more than required quantity of the complainant. The complainant requested to take back the extra materials but the O.P refused to take back and demanded the cost of the materials. On 10.09.2019 the O.P along with three persons forcibly entered to the newly constructed building of the complainant at Biju Nagar, Jharsuguda and took signature on some paper from the complainant.
The O.P has not issued any purchase invoice/ cash memo/ bill to the complainant on demand. The O.P has adopted unfair trade practice and deficient in his service.
2.The case of the O.P is that the O.P admitted in his version that the complainant has purchased sanitary fitting materials from his shop but denied the contention of the complainant. The O.P stated that the complainant purchased some sanitary fittings pump and related materials from the shop of the O.P on credit basis and as per the order of the complainant the O.P has supplied the materials to the complainant. The O.P supplied the material as per bill dated 17.05.2019 for Rs.44,540/- vide bill No. RKC/00184, bill dated 27.05.2019 for Rs.49,898/- bill No. RKC/0026 and bill dated 30.05.2019 amounting to Rs.49,377/- vide bill No. RKC/00234 total amounting to Rs.1,43,815.0 only. When the O.P demanded the payment from the complainant, the complainant had issued one account payee cheque bearing No. 002858 dated 27.08.2019 of Central Bank of India in favour of the O.P but the cheque was dishonored. The O.P issued demand notice dated 25.09.2019 and in reply the complainant sent a reply notice through his advocate. I.C.C. case no. 147/2019 of court of S.D.J.M,Jharsuguda is subjudice. In the other hand the complainant lodged a F.I.R against the O.P and C.T. Case No. 2995/2/ U/s 294,420,448,427 & 384 I.P.C is also sub-judice before S.D.J.M, Jharsuguda.
The O.P submitted that the complainant has foisted a false case and relating to same subject matter different cases are pending in different court and prayed for rejection of the complaint.
3.Perused the documents filed by the parties and following issues are framed
Issues:-
- Whether the complainant is a consumer of the Opposite Party?
- Whether the complainant paid the bills of the O.P and the amount is recovered from the complainant ?
- What relief the complainant is entitled from the Opposite party?
Issue no. 1:- Whether the complainant is a consumer of the Opposite Party?
It is admitted case of both the parties that the complainant has received sanitary materials from the O.P and the O.P has supplied the materials to the complainant. The O.P has supplied materials worth of Rs.1,43,815/- only to the complainant and the complainant has issued cheque bearing No. 002858 dated 27.08.2019 Central bank of India, Kirei Branch for Rs,.50,000/- only.
From the aforesaid transaction it is clear that the complainant is a consumer of the O.P.
Issue No.2:- Whether the complainant paid the bills of the O.P and the amount is recovered from the complainant ?What relief the complainant is entitled to get ?
It is an allegations of the complainant that the O.P. has not supplied the bills and sought for direction to issue bills before the Commission. In the other hand the O.P submitted that bills dated 17.05.2019 for Rs.44,540/- , Bill dated 27.05.2019 for Rs.49,898/- and bill dated 30.05.2019 for Rs.49,377/- have been issued to the complainant on credit basis . Against such bills the complainant issued the cheque for Rs.50,000/- and it was dishonored.
The complainant on the other hand stated that when he went to return the materials excess sent by the O.P, the O.P refused to receive the materials. The complainant has not submitted the list of the returned articles placed before the o.p. From this fact it is transparent that the complainant in order to avoid payment came before this Commission for Redressal on flimsy ground. A person coming to the court should come with clean hand.
The contention of the complainant is not acceptable as the complainant has not submitted any documentary proof regarding his payment towards the materials supplied. The criminal cases pending before the S.D.J.M, Jharsuguda proves that there is dispute relating to payment between the parties. As the complainant has not come to the Commission with clean hand it is difficult to ascertain the payment details in a summary procedure case.
The complainant is purely Civil in nature. The issue is answered accordingly.
Issue No.3:- What relief the complainant is entitled from the Opposite party?
As the complainant has not come to the Commission with clean hand. The complainant is not entitled for any relief as claimed for.
Accordingly it is ordered.
ORDER
The complaint is dismissed on contest against the O.P. The parties are to bear the respective cost.
Accordingly the case is disposed of.
Order pronounced in the open court today the 19th day of October’ 2022 under my hand and seal of this Commission.
Supply free copies to the parties.
I Agree
- Agrawal, Member J.Mishra, President .
Dictated and corrected by me
J.Mishra, President.
