Punjab

Rupnagar

CC/17/63

Deep Singh - Complainant(s)

Versus

Shineaz Digital Works Ltd. - Opp.Party(s)

Sh.Anuj Thakur Advcoate

24 Apr 2018

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. :  63 of 15.09.2017

                                 Date of decision                    :     24.04.2018

 

Deep Singh, aged about 38 years, son of Late Parkash Singh, resident of Shashtri Gali, Village Brari, Ward No.11, Tehsil Nangal, District Rupnagar.  

                                                                 ......Complainant

                                             Versus

Shineaz Digital World 505L/505/O, Kanpur Road, Transport Nagar, Allahabad, UP through its partners Jitendra Kumar Gupta and Krishna Pandey    

                                                                         ....Opposite Party

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh.Anuj Thakur, Advocate, counsel for complainant 

OP ex-parte 

 

 

                                           ORDER

 

              SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.         Complainant has filed the present complaint seeking directions to the opposite party to pay Rs.1 lacs; to pay Rs.50,000/- as damages for harassment;  along with Rs.20,000/- as litigation expenses; to pay Rs.3,00,000/-  as damages to the business of the complainant along with interest @ 12% per annum.

2.    Brief facts made out from the complaint are that the complainant and his wife Anu Bala are doing the work of printing at Jawahar Market, Tehsil Nangal, District Rupnagar under the name and style of Print O Point since the last five years. In the third week of Feburary 2017, he contacted the O.P. through internet and then the O.P. told him on phone that they are doing the repair of Printing material/Flex machines and also doing the sale purchase of old printing machines. The O.P. told him that they will replace the old machine with updated machine and they also told him that he has to pay Rs.2,40,000/-  more for the same and he can pay this amount in installments.  He comes under the allurement of the O.;P. and has accepted the proposal of the O.P. and on 28.2.2017, he on the asking of the O.P., has deposited Rs.20,000/- in his account No.4962100100685 of Canara Bank from account of his wife bearing No.55153256234 of State Bank of Patiala, Branch Adda Market Nangal, which is now merged in State Bank of India, as first installment. It is further stated that on 14.3.2017, he has deposited the second installment in the account of O.P. bearing account No.55153256234 from the account of his wife and then Rs.30,000/0- has again deposited in the account of O.P. in his account No.4962101000685 of Canara Bank. On 22.3.2017 and on 27.3.2017, he has deposited the third installment of Rs.30,000/- & Rs.20,000/- as fourth installment total Rs.50,000/- from the account of his brother namely Nonihal Singh from his account No.32139908870 of State Bank of Patiala, Adda Market, now merged in State Bank of India and in the account of Krishna pandey in his account No.5644101000903 in Canara Bank. The O.P. after receiving of Rs.1 Lac from him on 1.4.2017 has sent one person of his firm who was telling his name as Suraj and he came to his shop at Jawahar Market Nangal and he given the body of old Flex machine without equipments and he taken the old flex machin in working condition of the complainant including equipment and he assured that the O.P. will come within 5-7 days along with the equipments of other flex machine and fitted the same, after that O.P. send some equipments/accessory of flex machine to his shop through registered post vide challan dated 24.4.2017 and 2.5.2017. When he has checked the said parts of the flex machine, then he found that these parts were defective and then again he has again return the same to the O.P. vide receipt dated 10.6.2017. The O.P. have not turned to fit the equipments of flex machine but they have not done this till so far. Now O.P. has refused to install the equipments in the flex machine nor they returned the amount of Rs.1 Lac to him. Hence, this complaint.     

3.         On being put to the notice, none appeared on behalf of O.P. accordingly, O.P was proceeded against ex-parte vide order dated 28.11.2017.

4.         On being called upon to do so, the complainant has tendered his sworn affidavit Ex.C1 along with documents Ex.C2 to Ex.C15 and closed the evidence.   

5.    We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.         Complainant counsel Sh. Anuj Thakur, argued that Deep Singh purchased machine from the O.P. with the exchange of old machine. When proposal was made and it was accepted by complainant on 28.2.2017 then complainant deposited Rs.1 Lac on different dates i.e. 28.2.2017, 14.3.2017, 22.3.2017 and 27.3.2017 etc. After deposit O.P. assured to supply the machinery but O.P. made the delivery on 24.4.2017 and 2.5.2017 only of structure not supplied complete parts/cards. While supplying structure O.P. carried them old machinery and thereafter complainant so many time requested the O.P. to supply the parts but not supplied. Finally, complainant has to file the present complaint and on notice O.P. did not appear, hence this complaint. Besides the above said arguments, complainant counsel referred the documentary evidence Ex.C1 to Ex.C15, which is qua payment of Rs.1Lac and supply of structure etc. Lastly by referring the documentary evidence, complainant made prayer that O.P. be directed to return Rs.1Lac along with interest and compensation.

7.         Evidence adduced by complainant and the documents relied upon stand incorporated in earlier part of the order. It is pertinent to mention that this complaint is exparte and O.P. did not appear to contest the complaint.

8.         Complainant pleaded as consumer because the machinery was purchased for his livelihood. Moreso, in support of of this contentions complainant counsel relied upon the law laid down by the Hon’ble Supreme Court of India, in Civil Appeal No.2109-2110 of 2018, decided on 15.2.2018 titled as M/s Paramount Digital Color Lab Vs M/s Agfa India Pvt. Ltd. and has held if the person purchased goods for commercial purpose and such commercial purpose is for earning livelihood by means of self employment then complaint is maintainable before the Consumer Fora.

9.         Coming to the real controversy, whether complainant has been able to prove the deficiency on the part of the O.P. firstly, it is to be seen amount has been paid by the complainant to the O.P. In this respect, complainant relied upon account statement of Anu Bala, his wife Ex.C3, account statement of his brother Naunihal Singh Ex.C7, Ex.C8 again account statement of Naunihal Singh, then account statement of Anu Bala Ex.C9. So it proves the payment of Rs.1Lac.   Complainant beside his own affidavit has relied upon Ex.C2 & Ex.C8. Ex.C2 is dated 24.4.2017 and is photocopy which proves the following items were supplied:-

       Firening Card KM512

       Encoder Stip

       Limit Swich

       Media Sencor

       Alan Block

       Further Ex.C6 is dated 2.5.2017 and it proves following items were supplied:-

 

       Main Card with dongle (dongle No.318142554)

       4 HCB

       Head Plate (Konica)

       Coping Plate

 

       Ex.C13 & Ex.C14 are the photographs of the machine. Though, the evidence led by the complainant is week type evidence but complainant has placed on file the correspondence with O.P. and its relevant portion are reproduced as under:-

                               Shineaz Digital

       Bhai aap wo password wala board bhej digiye ham use replace   karwa kr dusra without password wala borad bhej denge

       Bhai hame bhi kisi ka dil dukhana acha ni lagta

       Rab sab ke liye hota hai

     Hamra nuksan bhale hi ho jaye but plz. Ham ise khatam krna chahte hai

Hamne delhi me bol diya hai card milte hi apko bhej denge

Delhi se hi

Jaldi mil jayega

Dekhiye mai saaf bata bata du ki mai ab apni insert ni karana chahta bahot logo ko pata hai apke bare me log hamse bolte hai to acha ni lagta isxliye mai apko machine ki pic aure video bhej de raha hu aur jab aap ache se dekh lena tab payment kariyega.

Jab apko lage ki ye sahi hai tab paise dijiyega

Sab 1 No. se likha padhi ke saath

Partner hi tha lekin sab kuchh mere hi naam aur address par hai q ki mai is line me 8 saal se hu sab hame hi jante hai.

 

As held in earlier part though complainant has led not so rich evidence but correspondence of O.P. proves that yet some material/parts of the machine are to be supplied by the O.P. to the complainant and O.P. remain fail in supplying these parts, which amounts to deficiency of service. Moreso, this complaint is exparte and O.P. did not come forward to rebut the complainant version. Appreciating all these facts, complainant is held entitled to receive Rs.1 Lac from the O.P. which were deposited vide different dates.

10.              In the light of above discussion, the complaint stand allowed with the directions to the O.P. to pay Rs.1 Lac to the complainant along with interest @ 7.5% per annum from the date of filing the complaint till its realization with cost of Rs.5000/-.

11.              The O.P. is further directed to comply with the said order within the period of 30 days from the date of receipt of certified copy of this order.

 12.     The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

                   ANNOUNCED                                                       (KARNAL SINGH AHHI)

                   Dated .24.04.2018                                      PRESIDENT

 

                                                           (SHAVINDER KAUR)

                                                                              MEMBER