Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 354
Instituted on : 22.06.2021
Decided on : 17.05.2023
Pinki aged-45 years w/o Sh. Ramphool R/o VPO Kakrana, District Rohtak.
……….………..Complainant.
Vs.
- Shree Enterprises, Head Office at Shop No. 3, Banwari Lal & son, complex, Power House Rohtak-124001, through its Signatory Navin Kumar.
- Shree Enterprises, Branch Office at Shop No. 5, Old Tehsil, Red Cross Market, Jhajjar(Haryana)-124102 through its Signatory.
- K.S.Agriculture Industries Pvt. Ltd. Malerkotla(Punjab) through its Proprietor.
- Navin Kumar, Proprietor/signatory of Shree Enterprises, Head Office at Shop No.3, Banwari Lal & sons Complex, Near Power House, Rohtak.
..…….……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. N.K.Gautam, Adv. for the complainant.
Opposite parties already exparte.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case as per complainant are that she was in need of wheat straw reaper for the purpose of making ‘TUDI’(wheat straw after harvesting of wheat) for her agriculture work. She met the opposite parties and opposite party no. 4 told the complainant that they are not having ready to delivery straw reaper and can place order to the company only after getting the order of the complainant. They told that the machine will be sent to the complainant after a gap of 15 days and will be shipped directly to the house of the complainant from the company. Complainant placed an order for purchasing a straw reaper for a sum of Rs.2,99,999.84/- to the opposite parties vide invoice no. 764 dated 17.02.2021. The opposite party no. 4 has issued the customer copy of the bill to the complainant and the opposite party has assured that opposite party no. 3 will supply the K.S.Straw Reaper Sr.No.KSA21SR2299 Model 2021 at her address within 15 days. The payment was deposited by the opposite party no. 4 in their bank account in Union Bank of India, Branch Rohtak. On 18.02.2021, the opposite party no. 4 has also issued copy of E-way bill No.391288524105 and told the complainant that machine will be transported to her through vehicle No. HR-14R-2366 by road and may be delivered on 19.02.2021. But the reaper was not sent to her. She met with the opposite parties and they told that the machine was not readily available and it will be dispatched within 15 or 30 days. Thereafter she waited for one month upto 20.03.2021, but the machine was not delivered. The complainant again approached the opposite parties but the machine was not delivered to the complainant till 31.03.2021. Due to non delivery of the machine, the complainant has suffered financial loss and could not make straw of his wheat of around 200 acres land in the wheat harvesting season March-April-May 2021. For the purpose of making straw of one acre wheat stub the complainant has to pay Rs.2000/- per acre. As such, the act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to return the amount of Rs.2,99,999.84/-, Rs.55,000/- as compensation and Rs.45,000/- as litigation charges alongwith interest @ 18% p.a. from the date of purchase i.e. 17.02.2021 till its payment.
2. After registration of complaint, notices were issued to the opposite parties. Notice issued to opposite party no. 3 through registered post not received back either served or unserved. Statutory period of one month has been elapsed. Case called several times since morning but none has appeared on behalf of opposite party no. 3. Accordingly, opposite party no. 3 was proceeded against exparte vide order dated 21.09.2021 of this Commission. Opposite party no. 1,2 and 4 appeared but did not file any reply. Thereafter none has appeared on behalf of opposite party no. 1,2 and 4 and they were also proceeded against epxarte vide order dated 21.07.2022 of this Commission.
3. Complainant in her evidence has tendered affidavit Ex. CW-1/A, documents Ex. C1 to Ex. C6 and closed the evidence vide separate statement dated 18.01.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that an Invoice Ex.C2 for an amount of Rs.299999.84/- has been issued by opposite party No.1, 2 & 4 in the name of complainant for the purchase of K.S.Straw Reaper by her and the manufacturer of the alleged machine is KS Agriculture Industries Pvt. Ltd. Malerkotla, Punjab i.e. opposite party no.3. Opposite party No.4 is the proprietor of Shree Enterprises. An E-way bill Ex.C3 is also issued by the opposite party no.1 to the complainant for Rs.299999.84/-. As per the complaint and affidavit filed by the complainant, the alleged machine was not supplied to the complainant despite her repeated requests as well as payment made by her on 17.02.2021. Complainant also served a legal notice Ex.C6 to the opposite party no.1,2 & 4 but no reply to this notice was given by the opposite parties. Hence from the documents placed on record by the complainant it is proved that the amount of Rs.299999.84/- has been paid by the complainant to the opposite party No.1, 2 & 4. On the other hand, opposite parties did not appear before this Commission despite service and were proceeded against exparte. As such it is presumed that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite party No.1, 2 & 4 regarding receiving the alleged payment and not supplying the Straw Reaper machine to the complainant stands proved and there is deficiency in service on the part of opposite parties. As the amount was received by opposite party No.1, 2 & 4, hence opposite party No.1, 2 & 4 are jointly and severally liable to refund the invoice amount to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no. 1, 2 & 4 jointly and severally to pay the alleged amount of Rs.299999.84/- say Rs.300000/-(Rupees three lacs only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 22.06.2021 till its realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
17.05.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
