Andhra Pradesh

Chittoor-II at triputi

CC/66/2018

V.Lalitha, W/o V.Siva Sankar - Complainant(s)

Versus

Sri Maruthi Candle, Rep. by its authorized signatory - Opp.Party(s)

G.Guru prasad

12 Apr 2019

ORDER

         

 

                                                                                                Filing Date: 24-10-2018                                                                                                               Order Date: 12-04-2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: -  Sri.T.Anand, President (FAC)

                                                         Smt.T.Anitha, Member

 

 FRIDAY THE TWELTH DAY OF APRIL, TWO THOUSAND AND NINETEEN

 

C.C.No.66/2018

Between

V.Lalitha, W/o. V. Siva Sankar,

Hindu, aged about 39 years,

Kotha Indlu Village,

Kuntrapakam Post,

Tirupati Rural Mandal,

Chittoor District, A.P.                                                                    … Complainant

 

And

Sri Maruthi Candle,

Rep. by its Authorized Signatory,

No. 8A, Gopalapuram Main Road,

Pattabhiram (Near E.B),

CHENNAI – 600 072.                                                                  … Opposite party

 

        This complaint coming on before us for final hearing on 04.04.2019 and upon perusing the complaint and other relevant material papers on record and on hearing of Sri.G.Guru Prasad, counsel for the complainant, and opposite party is remained exparte having stood over till this day and for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

        This complaint is filed by the complainant under sections 12 & 14 of the Consumer Protection Act 1986, complaining the deficiency in service on part of the opposite party and prayed this Forum to direct the opposite party to refund the amount of Rs. 17,500/- which was paid by the complainant towards purchase of raw materials for making of candles and to pay compensation of Rs. 50,000/- towards mental agony and deficiency in service and to pay Rs. 2,000/- towards the costs of the complaint.

        2. The brief facts of the case are:  the opposite party is doing business of selling candle moulds and materials for making candles. On 24.05.2018 the opposite party issued paper advertisement for the self employment offer to the General Public in Eenadu daily newspaper stating that, “Candles made through you and take buy back, it is good offer for you to get good income”. On seeing the paper publication the complainant approached the opposite party and purchased the candle moulds from the opposite party for Rs.9,000/- on 27.05.2018. Accordingly the opposite party issued invoice No.433           dt: 27.05.2018. The complainant further submits that as per the instructions of the opposite party, the complainant again purchased candle moulds on 26.06.2018 for Rs.5,500/- and on 09.08.2018 for Rs.3,000/-. The said amount was transferred to the opposite party through online from Andhra Bank, Tiruchanoor, Tirupati. After receipt of the said amount the opposite party delivered the candle moulds to the complainant by courier and the opposite party gave training for making candles and also supplied wax for making candles. The complainant further submits that, in the advertisement, the opposite party clearly stated that, they will buy back the candles which are made by the complainant through candle molds supplied by the opposite party. But, the opposite party failed to purchase the candles as promised by them. Being an un-employee, she intends to make candles for her livelihood with a fond hope of eking livelihood. But in vain. The opposite party gave false advertisement that they would purchase the candles to promote the sales of candles and adopted unfair trade practice which is nothing but deficiency in service on part of the opposite party. Hence the complainant caused a legal notice to the opposite party by demanding to refund the amount paid by her, but same was returned as refused. Hence the complainant filed the present complaint.

        3.  The notice which was issued to the opposite party by this forum was returned with an endorsement “addressee left”. Hence the counsel for the complainant filed petition for substituted service. Hence this forum allowed the petition in I.A. No.01/2019 by directing the complainant to issue notice by way of paper publication to the opposite party in Malaimurasu Daily Newspaper, Chennai edition which was circulated in Tamilnadu. After issue notice by way of paper publication, the opposite party failed to attend this forum. Hence the opposite party called absent and set exparte.

         4. The complainant filed her evidence affidavit and Ex: A1 to A6 were marked. The complainant filed written arguments and oral arguments were heard.

        5. Now the point for consideration is:-

           Whether there is any deficiency in service on part of the opposite party? If so, to what extent, the complainant is entitled for the reliefs sought for?

                   6.Point:-  The main case of the complainant is, she is an un-employee and she saw the paper advertisement under Ex:A1 which was given by the opposite party providing wax and moulds  to unemployed for making candles and issued to buy back the candles from them. Hence the complainant approached the opposite party and purchased the material from the opposite party i.e. wax, dye and moulds by paying Rs.9,000/- on 27.05.2018 under Ex:A2, and under Ex:A3 she has purchased raw-material for Rs.5,500/- on 26.06.2018 and also paid Rs.3,000/- on 09.08.2018  under Ex:A4. Thus a total sum of Rs.17,500/- was transferred through online to the opposite party. But after making of the candles when she approached the opposite party to take back her candles which were made with the wax and moulds provided by the opposite party, the opposite party failed to buy back the said candles which is nothing but unfair trade practice and deficiency in service on part of the opposite party as they made false representation and false advertisement in order to defraud the persons who are un-employees, who are eagerly waiting to get income. Hence the complainant issued legal notice under Ex:A6 but the said cover was returned as unclaimed. Hence left with no option the complainant approached this Forum. As the opposite party failed to attend this forum and remained absent, hence opposite party was set exparte.

        7. After perusing the evidence placed by the complainant, it clearly shows that, the opposite party collected the money for the supply of wax and candle moulds.  But they failed to buy back the candles made by the complainant even after several requests made by her with an ulterior motive to defraud the unemployed who wants to earn under self employment which is nothing but deficiency in service and unfair trade practice on part of the opposite parties and also the opposite parties failed to appear and oppose the contention of the complainant. Hence the deficiency in service has been proved. Hence we are therefore of the opinion that there is clear deficiency in service on part of the opposite parties towards the complainant.  This point is answered in favour of the complainant accordingly.

         Ex:A2 invoice bearing no.433 for Rs.9,000/-(Rupees nine thousand only) issued by the opposite party in favour of the complainant, clearly shows that the complainant paid an amount of Rs.9,000/- for the material supplied by the opposite party for making candles to the complainant on 27.05.2018. The complainant further stated that she has paid Rs.5,500/- to the opposite party on 26.06.2018 through online transfer through Andhra Bank and filed  Ex:A3 acknowledgment receipt issued by the bank and also she filed Ex:A4 the acknowledgment for the receipt of Rs.3,000/-(Rupees three thousand only) amount paid by the complainant to the opposite party.  But in Ex:A3& Ex:A4 the said two receipts  did not contain the name of the complainant as well as the opposite party, hence those Ex:A3 and Ex:A4 cannot be considered. However the complainant is entitled for Rs.9,000/-(Rupees nine thousand only) which was paid by the complainant to opposite party on 27.05.2018 along with interest @ 9% per annum from the date of payment i.e 27.05.2018 till realization.The complainant is further entitled a sum of       Rs. 5,000/-(Rupees five thousand only) towards compensation for mental agony suffered by the complainant along with costs of Rs.2000/-. Accordingly this point is answered and complaint is to be allowed.

                    In the result, complaint is allowed directing the opposite party to pay a sum of Rs.9,000/- (Rupees nine thousand only) which was paid by the complainant to the opposite party towards purchase of the material for making  candles with interest @ 9% p.a. from 27.05.2018 till realization. The opposite party is further directed to pay a sum of Rs.5,000/- (Rupees five thousand only) towards compensation for mental agony to the complainant and deficiency in service on part of the opposite party and to pay Rs.2,000/- (Rupees two thousand only) towards costs of the complaint. The opposite party is further directed to comply with the order within six (6) weeks from the date of receipt  of copy of this order failing which, the above said compensation amount of Rs.5,000/- (Rupees five thousand only) also shall carry interest @ 9% p.a. from the date of this order till realization.

        Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 12^th day of April, 2019.

              Sd/-                                                                                                        Sd/-                                                                           

    Lady Member                                                                                                 President (FAC)

 

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Smt. V. Lalitha (Chief Affidavit filed).

 

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1:  -NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Paper publication in EENADU Telugu Daily Chittoor District Edition issued by the opposite party in original. Dt: 24.05.2018, Thursday.
	Original copy of INVOICE bearing No. 433, for Rs.9,000/- issued by the opposite party infavour of the complainant. Dt: 27.05.2018.
	Computerized copy of Acknowledgement for cash receipt for online payment made by the complainant to opposite party issued by Andhra Bank (2311), Tilak Road, Tirupati. Dt: 26.06.2018.
	Computerized copy of Acknowledgement for cash receipt for online payment made by the complainant to opposite party issued by Andhra Bank (0991), Ramanuja Circle, Tirupati. Dt: 09.08.2018.
	Legal Notice issued by the complainant to the opposite party. Dt: 15.09.2018.
	Unclaimed Registered postal cover in original by the opposite party. Dt: 28.09.2018.

 

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

                                                                                                                      Sd/-  

                                                                                                   President (FAC)

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

            Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant, 

                   2) The Opposite party.