Andhra Pradesh

Visakhapatnam-II

CC/88/2014

Pitta Rambabu - Complainant(s)

Versus

Super Trading company - Opp.Party(s)

P.V.V. Gajapathi Rao

03 Jan 2015

ORDER

Reg.of the Complaint:13-03-2014                                                                                                                                 Date of Order:03-01-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

SATURDAY, THE 3^RD DAY OF JANUARY, 2015

CONSUMER CASE NO.88/2014

 

BETWEEN:

SRI PITTA RAMBABU S/O P.A.NAIDU,

HINDU, AGED 42 YEARS, R/AT D.NO.7-228,

SRIRAM NAGAR, BLOCK NO.3,

GOPALAPATNAM, VISAKHAPATNAM.

…COMPLAINANT

AND:

 

1.THE SUPER TRADING COMPANY,

REP. BY Mrs.PUJA, H.NO.2151/17A,

NEW PATEL NAGAR, OPP: SHADI PUR BUS DEPOT,

NEAR METRO, PILLAR NO.252, NEW DELHI.

2.JINDAL ELECTRICAL INSULTATION COMPANY,

REP. BY ITS MANAGER, G-6, NETAJI SUBHASH PLACE,

PITAMPURA, NEW DELHI.

…OPPOSITE PARTIES

This case coming on 03-01-2015 for final hearing before us in the presence of SRI.P.V.V.V.GAJAPATHI RAO, Advocate for the Complainant and OPs 1 and 2 remained set exparte, and having stood over till this date for    consideration, this Forum made the following.

 

ORDER

(As per the Honourable Member on behalf of the Bench)

 

1.     The Complainant asks the Forum to direct the OPs, jointly and severally:

a)     For rectify or replace the dona paper cup machine or return an amount of Rs.1,80,000/- with interest @ 18% per annum from the date of purchase the machine i.e., 20-11-2013 till the realization  of the Petition;

b)     For compensation of Rs.1,00,000/- (Rupees Fifty Thousand only) sic towards mental agony and sufferance

c)     For compensation of Rs.10,000/- towards costs and transportation

d)     Pass such other relief or reliefs as the Forum may deem fit and proper in the circumstances of the case.

2.     The Opposite Parties 1, 2 did not resist the claim of the complainant as they were set exparte and remained set exparte.

3.     The case of the Complainant, as can be seen from the complaint, is that the he is an unemployee and he could not get any employment either Government or non government organization, he intended to do small business to eak out his livelihood, in that process, he wanted to do the business of making paper cups. The 1^st OP was doing marketing business by promoting double die, fully automatic dona paper cup machine, manufactured by the 2^nd OP; the 1^st OP  widely promoted the said product by publishing in various local news papers; the complainant was attracted by the publication of the OPs made in local news paper, ordered the said machine through the 1^st OP on 20-11-2013, since then the 1^st OP was in frequent touch with the complainant over phone and sent several short messages to his phone with regard to the services offered by the OPs,  the OPs offered buy back services; the OPs assured to send the paper roll of 500kilo grams and in turn the complainant has to send the same product by making paper plates for which the 1^st OP would purchase the same @ Rs.400/- per 100 plates and the 1^st OP offered the above said machine for Rs.1,80,000/- which includes services provided by the OPs. The  complainant believed and he believes the words of the 1^stOP and he agreed to purchase the said machine. Accordingly, the complainant made the total payment of Rs.1,80,000/- by way of cheque bearing No.939973 drawn on Canara Bank, Visakhapatnam for Rs.90,000/- and another payment of Rs.90,000/-  dated 10-12-2013 through NEFT account transfer system to the account of the 1^st OP Account No.135305500069 of ICICI Bank Limited and the 1^st OP received the entire amount of Rs.1,80,000/- thereafter sent the above said machine to his address and he received the said machine on 5-12-2013 along with 500KG. Paper raw material.  The complainant started the business by making paper plates as desired by the 1^st OP with the material sent by the OPs only and he sent the paper plates product of 20,500/- pieces worth Rs.8,200/- to the 1^st OP on 26-12-2013, through the courier by name Associated Road Carriers Limited and the same was received by the OPs in the first week of January, 2014, he send the similar product of 20,000 pieces worth of Rs.8,000/- on 03-01-2014. The OPs have to pay the complainant a total amount of Rs.16,200/-. After repeated requests made by him the 1^st OP did not clear the bill mentioned supra, In the meanwhile the machine sent by the OPs was not properly working since January, the complainant requested the OPs to send a mechanic or replace the machine, as the machine was within warranty period as the OPs offered 5 years warranty to the said machine. So, he has approached the OPs and requested to rectify the problem or replace another machine, but the OPs have been postponing the same on some pretext or the other and he was vexed with all kinds of harassment and he got issued a registered lawyer’s notices to the OPs 1 and 2 dated 14-02-2014 but the said notices were returned on 17-02-2014 and 27-02-2014 respectively.  Due to non-rectification or replacement of the machine, he suffered a lot mentally, physically and incurred loss of income in approaching the office of the OPs and all these acts put the complainant to immense mental agony and as such the he is entitled for compensation arising from deficiency of service from the OPs. Hence, having no other go, except to approach this Forum  for redressal, he filed this complaint.

4.     The Complainant filed an Evidence Affidavit besides Written Arguments to support his Claim.  Exhibits A-1 to A-13 have been marked for the Complainant.

5.     The matter has been heard on behalf of the Complainant.

6.     Now, the point to be determined is whether the Complainant is entitled to the reliefs asked for?

7.     After careful perusal of the case record, this Forum finds that the averments made by the complainant, that he paid Rs.1,80,000/- by means of cheque dated 20-11-2012 (Rs.90,000/-) and by NEFT Account Transfer System (Rs.90,000/-) on 10-12-2013 are supported by Exhibits A2 and A9 respectively. Moreover the averment, that  the machine purchased by the complainant from the OPs was not working and the OPs did not act in spite of urgent requests by the complainant, is supported by Exhibit A8 (e-mails)  and also by Exhibit A10 Registered Legal Notice dated 14-02-2014. There is no doubt that there is outright deficiency of service coupled with unfair trade practice on the part of the OPs. The complainant is definitely entitled to get refund of the amount of Rs.1,80,000/- paid by him to the OPs and that too with interest from the date of NEFT account transfer i.e., 10-12-2013. Moreover, the deficiency of service on the part of the OPs should have caused much financial loss, physical hardship and mental agony to the complainant and the complainant is entitled to suitable compensation also. As the complainant is forced to file this complaint and incurred also considerable costs, including the costs of the publication in lieu of substitution of service, is entitled to sufficient costs too.

8.     In the result, this forum directs the Ops 1 and 2: 1) to refund the amount of Rs.1,80,000/- (Rupees one lakh and eighty thousand only) with interest @ 9% p.a., from 10-12-2013 to till the date of actual realization, b) to pay a compensation of Rs.18,000/- (Rupees Eighteen Thousand only), and c) to pay costs of Rs.10,000/- (Rupees Ten Thousand only) to the Complainant.

Time for compliance, one month from the date of this order.

On receiving the above amounts from the OPs, the complainant has to give back the machine in question to the OPs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 3^rd day of January, 2015.

 

   Sd/-                                                  Sd/-                                           Sd/-

LADY MEMBER                                        PRESIDENT                                           M.MEMBER  

 

 

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainants:

Exhibits	Date	Description	Remarks
A-1	20-11-2013	Cash Bill issued by the OP2	Original
A-2	20-11-2013	Cheque issued by the Complainant in favour of the OP1	Photocopy
A-3		Online amount of Rs.90,000/- transferred to the OP1 account	Photocopy
A-4	23-08-2013	Brochure issued by OP1	Photocopy
A-5	25-11-2013	VRL Logistics Acknowledgement copy	Photocopy
A-6	07-12-2013	VRL Logistics Cash Receipt	Original
A-7	03-01-2014	Associated Road Carriers  Limited  cash Receipt	Office Copy
A-8		E-mail to OP1	Online copy
A-9		Short Messages send by the OP1 to the complainant	Online copy
A-10	14-02-2014	Registered Lawyer’s Notice	Original
A-11	17-02-2014	Returned cover from OP1	Original
A-12	27-02-2014	Returned cover from OP2	Original
A-13	31-01-2014	Paper Publication	Original

 

Exhibits Marked for the OPs     -nil-

 

   Sd/-                                                Sd/-                                            Sd/-

LADY MEMBER                                        PRESIDENT                                           M.MEMBER