Karnataka

Chitradurga

CC/3/2018

Sri. N. Patel Sab - Complainant(s)

Versus

Sri. Vasantha Raju - Opp.Party(s)

Smt. Anusuya,

07 Jun 2018

ORDER

 

COMPLAINT FILED ON:08/01/2018

DISPOSED      ON:07/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

 

C.C.NO: 3/2018

 

DATED: 7^th JUNE 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD., CLP  

 

……COMPLAINANT/S	N. Patel Sab S/o P. Nuriyasab, Age: 43 Years, Kondlahalli, Molakalmuru Taluk, Chitradurga.   (Reptd., By Smt. M.S. Anasuya, Advocate)
V/S
…..OPPOSITE PARTY	Sri. Vasantha Raju, Vinayaka Enterprises, Suppliers of Day old Broiler Chicks, Opp: VNR Engineering College, Bachupalli, Hyderabad-72.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to repay   Rs.1,50,000/-, Rs.50,000/-  towards loss and Rs.10,000/- towards costs etc.,.    

2.      The brief facts of the case of the above complainant is that, he intend to purchase Broiler Chicks from the OP, who is the close friend to the complainant.  Several times, complainant has purchased broiler chicks from the OP.  By that time, OP has send the chicks without fail.  It is further submitted that, on 11.12.2017, the complainant send Rs.1,50,000/- to the SB A/c bearing No.17345878345 of the Indian Bank belongs to OP through his SB A/c through RTGS for purchase of 4320 broiler chicks.  After sending the money, the complainant approached OP several times but, the OP has not responded properly and gave an evasive answer.  Finally, the complainant has issued the legal notice to the OP on 20.12.2017, the same has been returned with a shara as “address given by the complainant is not correct”.  But, now the OP is residing in the given address.  The cause of action for this complaint arose on 20.12.2017 when the complainant has issued legal notice to the OP and hence, prayed for allow the complaint.

3.      The notice send by this Forum has been returned with a shara that, address given by the complainant is not correct.  After that, the complainant taken hand summons to the OP.  The OP has refused to receive hand summons from the complainant.  Hence, the same is held as sufficient and placed ex-parte. 

4.      The complainant herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-3 were got marked and closed his side. 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OPs have committed deficiency of service for non-supplying the broiler chicks to the complainant after receiving the amount of Rs.1,50,000/- and entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- Partly in affirmative.

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:-  It is not in dispute that, the complainant intended to purchase 4320 broiler chicks from the OP by sending an amount of Rs.1,50,000/- through SB A/c through RTGS to the account of OP drawn on Indian Bank, Pratati Nagar Branch, Hyderabad.  After receiving the amount from the complainant, the OP has not send the broiler chicks as per the agreement.  The complainant has waited for 9 days after sending the amount and thereafter, complainant approached the OP and requested to send the 4320 broiler chicks.  As per the documents produced by the complainant, it clearly goes to show that, the amount has been sent by the complainant through his SB A/c to the OP A/c for purchase of broiler chicks.  But, the OP failed to send the broiler chicks to the complainant, which is a deficiency in service.

   9.   We have gone through the entire documents filed by the complainant.  The Ex.A-1 clearly shows that, the amount has been transferred to the OP from the account of the complainant through RTGS on 11.12.2017 for Rs.1,50,000/-.  Accordingly, OP has collected the same from the complainant for supplying the 4320 broiler chicks to the complainant.  After that, the complainant waited for 9 days but, the OP has not send the same and given evasive answer.  Finally, on 20.12.2017, the complainant send a legal notice to the OP requesting to supply the broiler chicks within 7 days from the date of receiving the legal notice.  But, the OP has not supplied the broiler chicks and did not respond to the legal notice, which is a deficiency in service.    Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of C.P Act 1986 is hereby partly allowed.

It is ordered that the OP is hereby directed to pay a sum of Rs.1,50,000/- to the complainant along with interest @ 9% p.a from 11.12.2017 till realization.

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 7/06/2018 and it is pronounced in the open Court after our signatures) 

 

                                     

 MEMBER                                                   PRESIDENT

:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OP:

 

-Nil-

 

Documents marked on behalf of Complainant:

 

01	Ex-A-1:-	Statement of Account dated 18.12.2017
02	Ex-A-2:-	Adhar Card belongs to complainant
03	Ex-A-3:-	Legal Notice dated 20.12.2017

Documents marked on behalf of OP:

-Nil-

MEMBER                                                            PRESIDENT

Rhr**