Punjab

Sangrur

CC/346/2017

Gurdeep Singh - Complainant(s)

Versus

Singla Sales Corporation - Opp.Party(s)

Sh.Amit Goyal

17 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  346

                                                Instituted on:    19.07.2017

                                                Decided on:       17.11.2017

 

 

Gurdeep Singh aged 40 years son of Gurcharan Singh R/O Wasi Patti, Village Ghabdan, Tehsil and District Sangrur.

                                                        …Complainant

                                Versus

Singla Sales Corporation, Sangrur Road, Bhawanigarh, District Sangrur through its Proprietor/Authorized Signatory.

                                                        ..Opposite party.

For the complainant  :       Shri Amit Goyal, Adv.

For Opp.party          :       Shri Navit Puri, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Gurdeep Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant availed the services of the OP by purchasing a submersible pump (Make Varna) along with other material, such as cable, pipe etc. from the OP on 5.7.2017 for Rs.42,000/-, but the OP issued the bill to the complainant for Rs.32,710/- only and by this way the OP charged an amount of Rs.9290/- in excess from the complainant. Further grievance of the complainant is that the OP also mentioned wrong date on the bill. The case of the complainant is that though he approached the Op to refund the amount of Rs.9290/- so charged in excess and further to issue correct bill dated 5.7.2017, but the OP flatly refused to do so. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant the amount of Rs.9290/- so charged in excess and further to issue bill/invoice dated 5.7.2017 and also  claimed compensation and litigation expenses.

 

2.             In reply filed by OP, preliminary objections are taken up on the grounds that the complainant has filed a frivolous and vexatious complaint on false allegations, that the complainant has not approached this Forum with clean hands and has suppressed material facts, that the complaint is not maintainable.  On merits, it is admitted that on 26.6.2017 the complainant had purchased the submersible pump of 2 HP of Varuna company, column pipes, PVC pipes, submersible cable, submersible controller and T ball for Rs.32710/-, but the date of sale was wrongly mentioned as 26.7.2017 instead of 26.6.2017.  The other allegations levelled in the complaint have been denied in toto.  It has been specifically denied that the complainant ever approached the OP for correction of the bill. It is also denied that the Op ever charged any excess amount as so mentioned in the complaint. Lastly, the OP has prayed for dismissal of the complaint with special costs.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-4 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP has produced Ex.OP/1 affidavit, Ex.OP-2 copy of bill, Ex.OP-3 copy of legal notice and Ex.OP-4 copy of postal receipt  and closed evidence. 

 

4.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             It is an admitted fact between the parties that the complainant had purchased one submersible motor pump along with other material from the OP by paying the requisite amount being the cost of the same.  But, the dispute between the parties is that the Op charged an amount of Rs.42,000/- for the sale of the product, whereas the OP issued the bill for Rs.32,710/- only, meaning thereby the OP charged an amount of Rs.9290/- in excess from the complainant.  On the other hand, the stand of the OP is that the complainant paid only an amount of Rs.32,710/- and the bill for the same amount was issued to the complainant, but inadvertently the date of issue was wrongly mentioned as 26.7.2017 instead of 26.6.2017.  We may mention that the complainant has not produced any cogent, reliable and trustworthy evidence on record to show that the complainant paid an amount of Rs.42,000/- to the OP except an affidavit of himself and affidavit of one Puran Singh. But, we are unable to accept such a contention of the complainant that he paid an amount of Rs.9290/- in excess for the cost of the submersible pump in the absence of any conclusive proof to this effect. We are also unable to accept that any person shall pay the excess amount than the agreed between two.  In the circumstances of the case, we feel that the complainant has miserably failed to establish his case of any over charging and of any deficiency in service on the part of the OP.

 

6.             Accordingly, in view of our above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        November 17, 2017.

                                                        (Sukhpal Singh Gill)

                                                                President

 

                                                             

                                       

                                                                (Sarita Garg)

                                                                    Member

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                    Member