Date of Filing : 28.01.2012
Date of Order : 17.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 17th APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 10 / 2012
D. Narayanaswamy,
S/o. Late Dodda Hanumappa,
Aged about 46 years,
Harijan by Community, Agriculturist,
R/o. Challahalli Village, Vokkaleri Hobli,
Kolar Taluk.
(By Smt. T.G. Mamatha Reddy, Adv.) ……. Complainant
V/s.
G. Narayanareddy,
S/o. Gundappa,
Aged about 51 years,
Owner / Proprietor of
Super Engineering Works,
Near New Bus Stand, Kadripura Road,
Kolar.
(By Sri. B.K. Giridhar, Adv.) …… Opposite Party
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that led to the filing of the complaint made u/s. 12 of the Consumer Protection Act, seeking direction to the opposite parties to pay to the Complainant a sum of Rs.44,880/- as compensation are necessary:-
On 18.02.2010 Complainant placing order for Submersible Pump & Motor for Rs.39,880/- and paid an advance of Rs.12,000/- to the OP and balance was paid to the OP on 01.03.2010. But till today OP has not delivered the Submersible Pump & Motor in spite of repeated requests & demands. Hence this Complaint.
2. In this case OP engaged service of an Advocate on 28.02.2012 and till date OP has not filed any version nor was present though case was adjourned to 16.03.2012, 30.03.2012, 02.04.2012 & 09.04.2012. Complainant filed Memo stating that his complaint & documents be read as his evidence. Hence heard the arguments of the Complainant.
3. The points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order?
4. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
5. Complaint is summarized supra and the same be read herein again. None of the allegations made in the complaint is challenged or denied by the OP to any extent in any manner whatsoever. There is nothing to disbelieve the statements made by the Complainant in the Complaint. The statements made by the Complainant is fully corroborated by the documents produced.
6. Reading the complaint in conjunction with the documents on record, it is established that for purchase of Submersible Pump & Motor, Complainant had paid Rs.12,000/- to the OP and paid balance of Rs.27,880/- on 01.03.2010 and thus he has paid Rs.39,880/-. But till date OP has not delivered the material that has been ordered. The Complainant has also issued notice to the OP on 01.10.2011. In spite of receipt of notice OP has not delivered the material. Receiving the money agreeing to deliver goods and not delivering it is nothing but unfair trade practice and also deficiency in service. Hence, we hold the point accordingly and pass the following order:
ORDER
1. Complaint is allowed in part.
2. OP is directed to pay to the Complainant a sum of Rs.39,880/- together with interest thereon @ 12% P.A. from 01.03.2010 until payment within 30 days from the date of this order.
3. OP is also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.
4. OP is directed to send the amount as ordered at (2) & (3) above to the Complainant by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.
5. Send copy of this Order to the parties free of costs.
6. Return extra sets to the parties concerned under the Regulation 20(3) of the Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 17th day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
