Ld. Advocate(s)
For Complainant: Abhijit Sadhu
For OP/OPs : None
Date of filing of the case :30.11.2023
Date of Disposal of the case :15.05.2024
Final Order / Judgment dtd.15.05.2024
The case is taken up for passing the final order. The pith and substance of the case of the complainant is that the complainant Mahadeb Eco Power Systems Pvt. Ltd is a registered company having PAN No. AAQCM 4701M and runs the business of purchase and sale of batteries of e-rickshaw of different companies with good reputation. Representative of the OP Red-Cell Power LLP represented by Director Atul Patel came to the complainant for selling batteries of e-rickshaw of their company, stating that they had good reputation in the market. The OP company gave assurance that there is 7 months warrantee of the said battery of e-rickshaw from the date of purchase . Being assured by the OP, the complainant in good faith purchased 52 pieces of batteries with product name 06RCER110ST, HSN/SAC-85071000 @ Rs.5076/-, total Rs.2,63,952/- and another 52 pieces batteries @ Rs.5154/-, total Rs.2,68,008/-. So, the complainant purchased at a total cost of Rs.6,81,249/- with Tax Invoice no. RCPL/GST/19 dated 13.05.2023. But the OP delivered 103 pieces e-rickshaw out of 104 pieces to the complainant on 22.05.2023. The complainant paid the said money from its bank account being no. 50200077496371 of HDFC bank Nabadwip Branch on 03.05.2023 and 04.05.2023 through RTGS/NEFT to the OP bank account no.6847000600001501 of Karnataka Bank, Morbi Branch. The complainant has sold 60 pieces e-rickshaw battery out of 103 pieces to different customers but on 22.06.2023, the said customer of the complainant complained that those 24 pieces of batteries were not giving service properly and giving mileage for only 30 kilometres in place of 90 kilometres. So, the complainant lodged complaint on 02.07.2023 to the OP over-phone and also sent message with warrantee card through whatsapp on 07.07.2023. The OP gave assurance to the complainant to solve the problem. But till date they have not solved the problem. Subsequently, the complainant also sent e-mail to the OP and lastly on 02.11.2023 but the OP has not replaced the said batteries till date. Therefore, the complainant suffered loss of Rs.91,833/- for the said defective 60 pieces batteries. The complainant apprehends that remaining 43 pieces of batteries are not good and it may also be defective. Due to such acts of the OP the reputation of the complainant has been damaged. So, the complainant is entitled to get compensation for Rs.6,81,249/- plus 3, 00,000/- towards loss of good-will and reputation. The cause of action for the present case arose on 13.05.2023 and lastly on 02.11.2023. The complainant , further, prayed for an award of Rs.9,81,249/- against the OP and cost of litigation.
The OP preferred not to contest the case and as such the case is running ex-parte against the OP.
The complainant in order to substantiate the case adduced oral evidence in the form of evidence on affidavit and documentary evidence as under:-
No.1 is the Tax Invoice and Red-Cell Power LLP in the name of the complainant with Invoice no.RCPL/GST/19 for Rs.6,81,249/-.
No.2 is the delivery challan showing sale of 104 pieces of batteries.
No.3 is the e-way bill.
No.4 is the e-mail dated 07.09.2023.
No.5 is the GST form REG-06 registration certificate in the name of Mahdeb eco-power systems private limited.
No.6 is the GSTIN receipt in the name of Mahadeb.
No.7 is the another GSTIN receipt in the name of Kiran Pal.
No.8 is the Income Tax Department letter to the complainant Mahadeb Power Systems.
No.9 is the certificate of incorporation issued by Ministry of Corporate Affairs in the name of the complainant.
No.10. is the PAN card in the name of the complainant.
The complainant duly proved all the documents in course of trial by filing affidavit in chief.
Ld. Advocate for the complainant filed brief notes of argument on behalf of the complainant.
The entire oral and documentary evidence of the complainant stands unchallenged and undiscarded in as much as the case is heard ex-parte . After perusing all the pleadings of the complainant and the specific evidence with different documents the Commission holds that the OP company acted in a manner with the comnplainant which tantamounts to unfair trade practice and deficiency in service . So, the goodwill of the complainant has been damaged which should be compensated in terms of money.
Having considered the unchallenged and uncontroverted oral and documentary of the complainant the Commission comes to the finding that the complainant successfully proved the case against the OP.
The OP could not controvert any of the averment of the complainant since they preferred not to contest the case.
In the result the complaint case succeeds ex-parte against OP with cost.
Hence,
It is
Ordered
that the complaint case no.CC/118/2023 be and the same is allowed ex-parte against the OP Red-Cell Power LLP with cost of Rs.10,000/- (Rupees ten thousand). The complainant do get an award for a sum of Rs.9,81,249/- (Rupees nine lakh eighty one thousand two hundred forty nine) against the OP together with interest @8% p.a towards compensation for loss suffered in the business and unfair trade practices. The OP Red-Cell Power LLP is directed to pay Rs.9,91,249/- (Rupees nine lakh ninety one thousand two hundred forty nine) to the complainant within 30 days from the date of passing the final order failing which the entire award money shall carry an interest @8% p.a from the date of final order till the date of its realisation.
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
( SHRI NIROD BARAN ROY CHOWDHURY)
