BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.605 of 2019
Date of Instt. 24.12.2019 Date of Decision: 09.03.2021
Paramjit Singh Age 63 years son of Sh. Jaswant Singh resident of Village Ghug Shor, Sub Tehsil Kartarpur, Distt. Jalandhar.
..........Complainant
Versus
1. Silage Agro Pvt. Ltd. Village Khadauli, Patiala Road, Rajpura, through its Prop.
2. Kuldeep Singh Sales Manager, C/o Jai Durga Computer Kanta Patiala Road, Rajpura, Punjab.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Manvijay Singh, Adv. Counsel for the Complainant.
OPs exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the complainant has purchased Cattle Fodder (Forage) NM1P1 for Agriculture product Fodder from the OPs on 17.08.2019 for an amount of Rs.19,110/-. Before purchasing the said product the OPs assured the complainant that the above said product is the best product for the cattle feed. That on 17.08.2019, the OPs sent the said agriculture product fodder to the complainant, vide bill of lading/LR-RR No.1455 dated 17.08.2019 at about 04:15 PM and when the complainant received and opened the bags of cattle fodder (Forage NM 1P1 for Agriculture Product Fodder which were delivered by the OPs to the complainant then the complainant saw that the above said agriculture product fodder is in very bad condition and cannot use for cattle feeds and the OPs made this product with very bad material and seeds are in very poor conditions. Thereafter, the complainant approached the Ops with the above bags, but the OPs always lingering the matter on one pretext or the other. The complainant is suffering lot of harassment as well as financial of Rs.35,000/- approximately. That due to the above said facts and callous attitude and illegal acts and conduct, deficiency in service and unfair trade practice of OPs. That thereafter the complainant got served a legal notice on 14.10.2019 upon the OP through his counsel, but the OP did not pay any heed to the same and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay for sum of Rs.35,000/- i.e. price of fodder which was paid by the complainant to the OP and Rs.2,00,000/- as compensation for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service both the OPs miserably failed to appear and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant produced on the file his respective documents.
4. We have heard the argument from learned counsel for the complainant and also gone through the case file very minutely.
5. In nutshell, the case of the complainant is only that he has purchased Cattle Fodder NM1P1 for agriculture product Fodder from OPs on 17.08.2019 for an amount of Rs.19,110/-, which is evident from Ex.C-2 and when the complainant received and opened the said product, then the same was in very bad condition and cannot use for cattle feeds, the photograph of the same is Mark A and due to this reason, the complainant suffered financial loss and mental agony and as such, he filed the present complaint.
6. We have sympathetically considered the submission of the complainant and find that the complainant has established on the file that he purchased the said feed, vide bill Ex.C-2 dated 17.08.2019 and the same was delivered to the complainant by OPs vide bill of lading/LR-RR No.1455 dated 17.08.2019, copy of the same is Ex.C-3, but the same was in very bad condition, photograph of the same is also brought on the file by the complainant, which is Mark A and from this photograph, it is crystal clear that the feed was in very bad condition. The factum above noted are required to be falsified by the OPs by appearing in the Commission, but for the best known reason, the OPs did not come present to meet out the grievances of the complainant and accordingly, we find that the version of the complainant, which is un-rebutted and un-challenged is required to be accepted and accordingly, hold that the complainant is entitled for the relief claimed.
7. In the light of above detailed discussion, the complaint of the complainant is partly accepted and all the OPs are directed to pay a sum of Rs.35,000/- i.e. price of fodder and further OPs are directed to pay compensation and litigation expenses of Rs.5000/- for causing mental tension and harassment to the complainant. The OPs No.1 and 2 are jointly and severally liable to pay the whole amount to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.
Announced in open Commission
9th of March 2021
Kuljit Singh
(President)
Jyotsna
(Member)
