DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.8 of 2019
Pawan Kumar Agrawal, S/o. Lachaman Agrawal, R/o. Tarbha (Nuapada), P.O./P.S. Tarbha, District – Subarnapur
………….. Complainant
Vrs.
Shivshankar Singhal, Proprietor of Sunrise Braicks Industries, Sector – 9, Rohini New Delhi.
………….. Opp. Parties
Advocate for the Complainant …………. Sri S.K. Biswal
Advocate for the O.P. …………. None
Present
1. Sri U.N.Purohit, President
2. Sri H.Padhan Member
Date of Filing Dt.28.05.2019
Date of Hearing Dt.11.10.2022
Date of Order Dt.31.10.2022
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant filed this complaint petition U/s.12 of Consumer Protection Act 1986 claiming refund of total amount of Rs.50,000/- with Bank interest and other reliefs as well as cost of litigation.
The case of the complainant is that he deals with O.P. to purchase Ash Bricks Machine for personal use on 14.8.2017. The O.P. is known to one Keshaba Swadia who is brother in law of the complainant. The selling price of the machine was Rs.50,000/- including transportation charges. The O.P. insist the complainant to pay total amount of Rs.50,000/- accordingly the complainant paid full amount through Bank from his S.B.I. A/c. No.30787814727 to A/c. No.50200007824674 of H.D.F.C. Bank, Branch at Delhi. The said O.P. is to send the machine within 30 days from the date of payment as per their contract. The O.P. neither send the machine nor received the Phone call and as finally the O.P. denied to receive phone call on 15.11.2019, the complainant finally files this complain.
-: 2 :-
The O.P. did not delivered the machine to the complainant though the complainant requested several times. The O.P. became silent and did not respond the complainant. First time the O.P. requested to wait for 6 months to the complainant but when after six months the complainant requested the O.P. was silent and avoid phone calls of the complainant.
Perused the complaint petition and affidavit filed by the complainant. The O.P. though received notice from this commission did not appear as such set exparte on 10.08.2022.
The documents filed by the complainant shows that S.B.I. Tarbha Branch A/c. No.30787814727 shows in the name of Pawan Kumar Agrawal and on 29.08.2017 an amount of Rs.50,000/- has been transferred through NEFT UTR No.SBIN717241919272 to Sunrise Bricks Industries. The complainant has also filed Xerox copy of counter foil of the said transaction which disclosed that the complainant has paid consideration for purchase of machine but the O.P. adopting unfair trade practice not yet delivered the machine to the complainant till date. The complainant has successfully prove his case, payment of consideration and unfair trade practice by the O.P.
O R D E R
Hence we direct the O.P. is to refund the consideration amount paid by the complainant i.e. Rs.50,000/- with 6% interest per annum from dt.29.08.2017 till its realization. Further the O.P. is directed to pay Rs.10,000/- as compensation and cost of litigation within Two months to the complainant from the date of order. Complaint is allowed.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
-: 3 :-
A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 31st day of October 2022
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.31.10.2022 Dt.31.10.2022
