SRI NILAKANTHA PANDA, PRESIDENT
The Complainant has filed this complaint petition, U/s-35 of C.P.A.-2019, (here-in- after called as the “Act”), on dated 22.02.2022, alleging a “deficiency-in-service” by the OP, where OP is the Proprietor-cum-owner of “Adarsha Enterprises”. That, as per the complainant’s petition the cause of action arose on dated 17/01/2022.
That upon admission of the present case matter, the OP was appropriately noticed along with copy of the complaint petition. The record says, the notice was properly served upon the OP on dated 11/04/2022, but he did not turn up to contest the case before this commission, despite given several opportunities and hence set ex parte.
The case of the Complainant in brief is that, complainant has purchased an automatic single dia paper plate making machine and its spare parts from the OP and also provided with a bill vide Invoice no – ADE/26, dated 26/10/2021, describing to the tune of Rs.80, 000.00 towards cost of machine and Rs.14, 400.00 towards GST, Rs.20, 000.00 towards cost of other Dia and a cash payment of Rs.5, 600.00, which in total comes out to Rs.1,20,400.00. The OP had given assurance to complainant that he (OP) will be responsible if the machine and spare parts would found defective / inoperative in future. That after 15 days of use, the machine was found defective, so, the complainant informed the OP about the matter. But the OP did not pay any heed to it. So, the complainant served notice on OP; but in vain. Lastly, when the OP refused to do nothing, compliment left with no option was constrained to file this case with the prayer stated in his complaint petition. Hence, this case.
The to substantiate the complaint, the complainant relied upon the following documents, which are placed in the record;
- Xerox copy of Tax Invoice.
- Bill / Approval Slip
- Postal Receipt
- Postal Track Report.
The Opposite Party although served upon & received notice, did not turn up despite given several opportunities and was set ex parte.
In view of the above averments of the parties, the points for determination in this case are as follows:-
(i) Whether the Complainant is a Consumer as per C.P Act, 2019?
(ii) Whether there is any cause of action to file this case?
(iii) Whether this Consumer case is maintainable as per Law?
(iv) Whether there is any deficiency of service on the part of the O.P to the Complainant?
(v) To what other relief(s), the Complainant is entitled to?
F I N D I N G S
That upon meticulous examination of the Complaint Petition, along with the documents / statements presented by the party to this case matter, it is found that the complainant has purchased a “paper making machine” along with its spares & accessories, against invoice dated 26/10/2021 of Rs 01, 14, 000/-. Besides this invoice value, the complainant has claimed to have paid an additional sum of Rs 05, 600/-, in cash mode. That as per the petition & submission is an admitted fact that the complainant is in peaceful possession of the said machine.
That after fifteen days of its operation the said machine showed some defect, for which the complainant contacted the OP and when failed to get any response served a notice to him, which also did not resulted ant fruit to complainant.
That as the OP did not turnout in this case and made ex-party, this commission proceeded for a order on merit basing upon the documents placed in the record.
That upon careful perusal of the invoice it was concluded that, besides other descriptions, the invoice contain a clear declaration that, there is no scope of any “exchange & / or taking back”. And also it is pertinent to mention here that the complainant has not also deposited any “post sale &/or service manual” which could have been relied upon.
So, now upon careful consideration of all the materials available in the case record vis-a-vis submission made by complainant, this commission is of the opinion that the Complainant has not adjudicated his dispute properly before the Commission, for which it is a fit case to dismiss it and the Complainant is not entitled to get any benefit as prayed for and accordingly, this Consumer case is liable to be dismissed. Hence, Ordered:-
O R D E R
The Consumer case is dismissed on ex-parte against O.P without cost.
Pronounced in the open Commission on this day i.e. the 20th March, 2023, given under my Signature & Seal of the Commission.