DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 30^th day of October 2024

CC.620/2023

Complainant

Bino George,

S/o. George,

KWA Contractor,

319, Santhetheeram Residence,

B/H Presentation School,

Chevayoor. P.O, Kozhikode – 673017

(By Adv. Sri. Sanal Kumar, Smt. Seema. N.G)

Opposite Party

Shastri New Age Business Corporation,

B-2/154, Shop No.1, Yamuna Vihar,

Shahdara North East, Delhi - 110053

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

The complainant is a contractor of the Kerala Water Authority, the income from which is his only means of livelihood. On 26/08/2021, the complainant paid an advance of Rs. 1,00,000/- to the opposite party for supply of 500 Everest brand water metre @ Rs. 730+18% GST. On 04/09/2021, the complainant paid an amount of Rs. 1,00,000/- in respect of the said order. On 05/10/2021 the opposite party asked the complainant to pay Rs. 2,30,700/- in respect of the said order which was also paid by the complainant.

3. On 18/10/2021 the complainant received a consignment worth                           Rs. 2,32,578/- from the opposite party. The balance amount of Rs. 1,98,122/- is lying with the opposite party, for which, no consignment till date has been received. Due to the delay in the said consignment, the complainant has suffered monetary loss  as he had to purchase 520 water metres from local market at a higher rate. Though the complainant repeatedly contacted the opposite party, the issue has not been solved till date. There is unfair trade practice and deficiency of service on the part of the opposite party. Hence the complaint to get refund of                  Rs. 1,98,122/- with interest from the opposite party along with compensation of Rs. 5,00,000/-.
4. The opposite party was set ex-parte.   
5. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

6. PW1 was examined and Exts A1 to A5 were marked. 
7. Heard.
8. Point No.1:-    The complainant is a contractor of the Kerala Water Authority, which he has undertaken as self-employment for the purpose of earning his livelihood. He has approached this Commission alleging unfair trade and business practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party neither supplied the agreed quantity of water metre nor did they refund the balance amount. The prayer is for refund of Rs. 1,98,122/- along with compensation of Rs. 5,00,000/-.
9. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the adhar card, Ext A2 is the copy of the tax invoice dated 08/10/2021, Ext A3 is the copy of the lawyer notice dated 07/01/2022, Ext A4 is the track consignment letter and Ext A5 is the paper publication.
10. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the matter. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant.  Ext A2 shows that only 270 water metres total worth                                Rs. 2,32,578/- were consigned by the opposite party. The opposite party has received a total payment of Rs. 4,30,700/-. So the balance amount of                                Rs. 1,98,122/- is lying with the opposite party. It is seen that consignment for the remaining water metre was neither sent by the opposite party nor did they refund the balance amount to the complainant. It is seen that Ext A3 lawyer notice was also not replied by the opposite party. The act of the opposite party amounts to unfair trade and business practice and deficiency of service. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4 documents.
11. The complainant is entitled to get refund of Rs. 1,98,122/-. Undoubtedly, the act of the opposite party has resulted in gross mental agony and   inconvenience to the complainant,  for which, he is entitled to be compensated adequately.  Considering the entire facts and circumstances, we are of the view that a sum of Rs.20,000/- will be a reasonable compensation in this regard.  The complainant is also entitled to get Rs. 5,000/- as cost of the proceedings. Point found accordingly.
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
    1. CC No.620/2023 is allowed.
    2.  The opposite party is hereby directed to  refund Rs. 1,98,122/- (Rupees one lakh ninety eight thousand one hundred twenty two only)  to the complainant with interest @ 9% per annum from the date of the complaint i.e. 14/12/2023 till actual payment.   
    3. The opposite party is directed to pay a sum of  Rs. 20,000/- (Rupees twenty thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
    4. The opposite party is directed to pay a sum of Rs. 5,000/-  (Rupees five thousand only) as cost of the proceedings to the complainant.
    5. The order shall be complied with within 30  days of the receipt of copy of this order.

Pronounced in open Commission on this, the 30^th day of October, 2024.

Date of Filing:  14.12.2023         

                                            Sd/-                                                            Sd/-                                                           Sd/-

                                    PRESIDENT                                                MEMBER                                               MEMBER

    APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the adhar card.

Ext.A2 – Copy of the tax invoice dated 08/10/2021.

Ext.A3 – Copy of the lawyer notice dated 07/01/2022.

Ext.A4 – Track consignment letter. 

Ext.A5 – Paper publication.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Bino George (Complainant)

Witnesses for the opposite parties 

Nil.

                                           Sd/-                                                            Sd/-                                                           Sd/-

                                    PRESIDENT                                                MEMBER                                               MEMBER

True Copy,  

                                                                                                                                                          Sd/-

                                                         Assistant Registrar.