BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 170 of 2023.
Date of Institution : 12.04.2023.
Date of Decision : 17.10.2023.
Shree Durga Tent Udyog, Barnala Road, Sirsa, Tehsil and District Sirsa, through its Proprietor Shri Jitender Kumar (aged about 49 years).
……Complainant.
Versus.
Shri Radhey Industries, Manufacturer of Tent House Chairs and Tables, Near Eastman Chowk, Dhandari, Ludhiana (Punjab), through its Proprietor Shri Bablesh Singhania.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA …………………MEMBER
Present: Complainant in person.
Opposite party already exparte.
ORDER
In brief, the case of complainant is that complainant is proprietor of Shri Durga Tent Udyog, Barnala road, Sirsa and is running his tent business for earning his livelihood. That opposite party (hereinafter referred as OP) is manufacturer of tent materials i.e. chairs, tables etc. and complainant as per his requirement used to purchase the chairs and other materials from the op by giving order through mobile and used to pay the amount of the orders through online process as well as by depositing the amount in the bank of op. It is further averred that in the month of December, 2022, the complainant ordered for 500 chairs as well as other tent material to the op and paid a sum of Rs.1,97,700/- in total on different dates to the proprietor of op. That on 10.12.2022 the complainant received items of worth Rs.47,200/- from the op and thereafter on 21.02.2023 he received delivery of 200 pieces of chairs amounting to Rs.84,960/- (i.e. Rs.360/- each chair) but thereafter no article/ chair have been delivered to the complainant by the op. That in this way the complainant received the chairs and other items of tent worth Rs.1,32,160/- whereas complainant has already paid a sum of Rs.1,97,700/- to the op and in this way complainant has paid excess amount of Rs.65,540/- to the op. It is further averred that complainant has requested the op several times through telephonically to deliver the remaining chairs to him but the op is not paying any heed to his requests and is also not returning the amount of Rs.65,540/- which has already been paid in excess to the op and in this way the op is indulging himself in unfair trade practice and complainant is facing mental tension and harassment. Hence, this complaint seeking refund of the amount of Rs.65,540/-, compensation of the amount of Rs.50,000/- for harassment and litigation expenses from op.
2. Notice of the complaint was issued to the op through RC but none appeared on behalf of op despite delivery of notice and as such op was proceeded against exparte.
3. The complainant in evidence has tendered copies of documents i.e. invoices Ex.C1 to Ex.C3, bill Ex.C4 and receipts of payments/ various transactions in the account of op as Ex.C5 to Ex.C16.
4. We have heard complainant and have gone through the case file.
5. The complainant in prove his case has placed on file receipts of payments/ various transactions of the amount paid by complainant in the account of the opposite party as Ex.C5 to Ex.C16 and said receipts duly prove the fact that complainant has made payment of total amount of Rs.1,98,200/- to the op on different dates for purchase of chairs, tables and other tent material. It is also proved from invoice dated 10.12.2022 Ex.C1 and invoice dated 21.02.2023 Ex.C2 that op has supplied tent material and 200 chairs to the complainant for the amounts of Rs.47,200/- and Rs.84,960/- i.e. for total amount of Rs.1,32,160/- only whereas he has received total amount of Rs.1,98,200/- from the complainant. It is also proved on record that complainant had made order to the op for purchase of 500 chairs and but op only supplied 200 chairs to the complainant and the op neither supplied remaining 300 chairs to the complainant nor refunded the balance amount to the complainant which has been paid in excess by complainant to the op. Even the op despite notice failed to appear before this Commission and opted to be proceeded against exparte. So the pleadings as well as evidence led by complainant goes as unrebutted and unchallenged. According to complainant he is running said tent shop for earning his livelihood. It is proved from above said receipts that complainant has paid total amount of Rs.1,98,200/- to the complainant but op has supplied tent material of the amount of Rs.1,32,160/- to the complainant which also includes GST and has not refunded the balance amount of Rs.66,040/- to the complainant. As such act and conduct of the op clearly amounts to deficiency in service as well as unfair trade practice towards the complainant and complainant is entitled to refund of the amount of Rs.66,040/- which has been excess paid by complainant to the op alongwith interest besides compensation for harassment from the op.
6. In view of our above discussion, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.66,040/- to the complainant alongwith interest @6% per annum from the date of filing of present complaint i.e. 12.04.2023 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the op to further pay a sum of Rs.20,000/- as composite compensation for harassment and litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 17.10.2023. District Consumer Disputes
Redressal Commission, Sirsa.
