Haryana

Ambala

CC/276/2021

Sawrup Singh - Complainant(s)

Versus

Rana Engineer Works - Opp.Party(s)

Sartaj Singh Punia

05 Dec 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	276 of 2021
Date of Institution	:	01.09.2021
Date of decision	:	05.12.2022

 

Swarup Singh son of Sh. Mohinder Singh, aged about 55 years, Resident of Village Gorsian, Tehsil and District Ambala, Proprietor M/s Navjot Tile Works VPO Kathgarh, Tehsil and District Ambala.

……. Complainant

                                                Versus

1. Rana Engineering Works, Sunder Nagar, T point, Naraingarh Road, Mandhore, Tehsil and District Ambala, Through its Proprietor Yashpal Rana
2. Yash Pal Rana, Proprietor Rana Engineering Works, Sunder Nagar, T point, Naraingarh Road, Mandhore, Tehsil and District Ambala.

.…. Opposite Parties.

 Before:        Smt. Neena Sandhu, President.

                              Smt. Ruby Sharma, Member.

 

Present:       Shri Sartaj Singh Punia, Advocate, counsel for the complainant.

                   OPs No.1 and 2 already ex parte.                

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

                   i) To supply the desired machinery or in alternative to refund                      Rs.7,08,000/- along with 12% interest from the date of receipt of                amount i.e. 11.09.2020, onwards.

ii) To pay Rs.2,00,000/- as interest on the loan amount of the complainant plus Rs.5,00,000/- for the loss suffered plus Rs.1,00,000/- as the damages for unnecessary harassment and delay.

iii) To pay Rs.50,000/- as costs of the litigation.

iv) Grant any other relief which this Commission may deems fit.

 

2.             Brief facts of this case are that the complainant is an educated and unemployed person and to earn his livelihood and to meet the expenses of his family members, he thought of to start his own project of making cement tiles and other allied items in his own land situated at village Kathgarh (Ambala). With such intention he got registered a small unit under the name & style of M/s Navjot Tiles Works, vide GSTIN No. 06AWWPS9474Q2ZW.. Since August 2019, the complainant is engaged in the work of manufacturing and sale of all kinds of cement tiles and other allied items in his small unit installed at Village Kathgarh, Tehsil and District Ambala. For extension of his project, in September 2019, the complainant availed a loan facility under Pardhan Mantri Rozgar Yojna from Sarv Haryana Gramin Bank, for purchase of machinery, which was to be installed purely to earn livelihood. After getting loan facility, the complainant approached the OPs for purchase of machinery for his aforesaid project. The complainant being earnestly interested in purchase of the machinery accepted the quotation given by the OPs and on 11.09.2020, transferred the cost of the desired machinery amounting to Rs.7,08,000/- in the account of the OPs bearing A/C No.81141A00000062 from his loan account maintained in Sarv Haryana Gramin Bank, branch Jansui (Ambala) on the promise that the said machinery will be supplied to him within one month from the receipt of the payment. The complainant fulfilled the contractual obligations by transferring the requisite amount/cost in the account of the OPs and thereafter the OPs were under a legal obligation to supply the desired/quoted machinery to the complainant at the earliest possible at the most within a period of one month from the date of the receipt of the amount but the OP's failed to supply the ordered machinery within the stipulated period. The complainant repeatedly visited the office/workshop of the OPs and requested them to supply the desired machinery but they lingered on the matter on one pretext or the other. The complainant weighed upon the OPs to supply the machinery as he was suffering recurring loss and also incurring liability of interest of the loan amount taken by him for the purchase of the said machinery or in alternative to refund and pay him the amount received by him with interest and costs thereof but to no avail.    In order to avoid the costly and lengthy legal procedure, the complainant served the OPs with a legal notice dated 09.08.2021 but the same was deliberately not accepted by the OPs and was delivered back to the complainant with a report “OUT OF STATION AND "PRAPAT KARTA BAR BAR JAANE PAR NAHI MILTA" which shows that the OPs still have a mala-fide intention to further delay and defer to fulfill  their part of contractual obligation. Hence, the present complaint.
3.           Upon notice, none appeared on behalf of the OPs No.1 and 2, before this Commission, therefore, they were proceeded against ex-parte vide order dated 08.07.2022.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexure C1/A to C1/F and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by not providing the machine in question by the OPs, for which they have received hefty amount of Rs.7,08,000/- from him, the OPs indulged into unfair trade practice and  are also deficient in providing service.        
7.           Perusal of record reveals that the complainant paid an amount of Rs.7,08,000/- vide tax invoice dated 11.10.2019, Annexure B to the OPs towards purchase of the machine in question. In the complaint and also during arguments, the learned counsel for the complainant has vehemently contended that despite the fact that the complainant had paid an amount of Rs.7,08,000/- to the OPs towards purchase of the said machine, yet, the OPs have failed to supply it to the complainant. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, but nobody appeared on their behalf, despite service, as a result whereof, they were proceeded against ex-parte vide order dated 08.07.2022. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant and the assertions of the complainant went unrebutted & uncontroverted. As such, we are of the view that by neither providing the machine in question to the complainant nor refunding the amount paid by him, the OPs have committed deficiency in service and thus they are liable to either to supply the machine in question to the complainant or in alternative refund the amount of Rs.7,08,000/-, alongwith interest to the complainant. The Ops are also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses.
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-
   1. To supply the machine in question to the complainant or in alternative refund the amount of Rs.7,08,000/- to the complainant alongwith interest @4% p.a. from 11.10.2019 i.e. the date of payment of the amount, till its realization.
   2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/- as litigation expenses.

          The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs shall pay interest @ 6% per annum on the awarded amount besides litigation expenses, for the period of default. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 05.12.2022

                                                     

                    (Ruby Sharma)                        (Neena Sandhu)

                    Member                                   President