IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 14th day of September, 2021
Filed on 31.05.2019
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma.LLB(Member)
In
CC/No.129/2019
Between
Complainant:- Opposite parties:-
Sri. K.S. Thomas The Asst. Engineer
S/o Joseph Sebastian Kerala Agro Industries
Kallarackal, Kalavoor.P.O Corporation Ltd, Local Office
Alappuzha-688522 Punnapra,Alappuzha
(Party in person ) (Adv. Sri. C.Muraleedharan)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
The brief facts of complainant’s case are as follows:-
The complainant is a farmer. He was selected as the best organic agriculturalist in the period of 2017-2018. For the purpose of farming complainant paid an amount of Rs.1,73,627(Rupees one lakh seventy three thousand six hundred and twenty seven only) along with transportation charge of Rs.2000/- on 20/3/2019, to the opposite party and placed order for KAMCO POWER TILLER DI (12HP), Steel wheel type IV, Tail Skid Long, Farmers Kit, Ridger, and Riding seat. The opposite party agreed that they would be supplied entire equipments and be given training for the operation of the said goods within a period of one week. But the opposite party supplied the part of Power Tiller only after two months and failed to conduct training as they agreed. Since they failed to supply the entire units of Power Tiller and give training after the period of 60 days, the complainant was unable for farming on time which incurred heavy financial loss of Rs.1000/- per day. The complainant directly approached to the opposite party and informed about his suffering but they negligently evaded him. Further on 1/5/2019 complainant sent a letter to the opposite party and replied by opposite party on 3/5/2019. As per said reply opposite party informed that they would be supplied the entire goods, as per invoice, within 10/5/2019. But they supplied said goods only on 29/5/2019. The said acts of opposite party amounts to deficiency of service which caused financial loss to the complainant. Therefore, complainant approached this Commission for seeking following reliefs against opposite party.
(1) To direct the opposite party to pay Rs.1000/- per day amounting Rs.7000/-, compensation for deficiency of service and cost of the proceedings to the complainant.
2. The version of the opposite party in short are as follows:-
According to the opposite party, as per the arrangement between opposite party and M/s Kerala Agro Machinery Corporation Ltd (KAMCO) tillers and ancillary equipments manufactured by KAMCO are sold by the opposite parties to its customers. The complainant placed an order for Kamco Power Tiller DI(12HP), Steel Wheel Type IV, Tailskid long, Farmers Kit, Ridger and Riding seat and paid an amount of Rs. 1,73,672/-(One lakh seventy three thousand six hundred and seventy two only) being the price of machineries, dated.20/3/2019 in which included transportation charges as well. The same day itself informed to the complainant that the opposite party will only be in a position to deliver the riding seat within a period of one month. Since KAMCO Ltd the manufacturer informed the opposite party that they can only supply the said equipments after the period of one month and except the said disputed material all the other goods will be supplied within one week accordingly supplied on 1/4/2019. However, the complainant insisted the opposite party accepts the entire payment from him , since the complainant wanted the invoice for the purpose of availing subsidy.
3. It is not correct that the complainant has been taken land for the purpose of farming after spending amounts and money raised for the purchasal after taking loans from others. The opposite party had supplied all the goods on 1/4/2019 except the riding seat. Till the month of May 2019, the opposite party did not receive the riding seat from M/s KAMCO Ltd. Opposite party forwarded the complainant’s letter to the KAMCO Ltd on 2/5/2019 itself and the said company was called upon to provide the riding seat and also to depute a person for providing training to the complainant. In accordance of the information by KAMCO Ltd, opposite party issued a letter dated.3/5/2019 to the complainant informing that the riding seat would be supplied on 10/5/2019 and training will also be provided then. The riding seat forwarded by KAMCO Ltd was received by the opposite party on 25/5/2019. The same day itself informed about to the complainant but the complainant informed that he would take it on 29/5/2019. On that day the said goods was delivered to the complainant and was fitted on to the Power Tiller by the technician of M/s KAMCO Ltd. Accordingly the complainant issued letter dated 29/5/2019 that he has received the same and was satisfied with the training received from the technician. Hence there is no deficiency of service on the part of the opposite party. Since the Tiller can be used even without the riding seat. There is no failure on the part of the opposite party to supply the materials in time and the allegation of money loss of Rs.1000/- per day is incorrect. Therefore the complainant is not entitled to get any of the reliefs sought for in the complaint.
4. The complainant appeared in person. He was examined as PW1. Ext.A1 to A4 were marked. RW1 was examined and Ext.B1 to B6 were marked from the side of opposite party. After closed the evidence we have heard both sides.
5. In view of the above following points raised for consideration:-
1. Whether there is any deficiency of service committed by opposite party?
2. Whether complainant is entitled to get compensation?
3. Reliefs and cost if any?
6. Points No. 1 and 2:-
There is no dispute with regard to the transaction between the parties. Ext.A4 dated 20/3/2019 and Ext.B3 are one and the same document, it is the Tax invoice evidence of the money transaction. On the very same date itself opposite party issued Ext.A3 bill for Rs.1,73,627/-(One lakh seventy three thousand six hundred and twenty seven only) to the complainant. The dispute is that after having received the entire amount of the machineries ordered for organic farming by the complainant, the opposite party failed to supply the important component which is the riding seat of the Tiller and did not conduct training as they agreed thereby causing heavy financial loss to the complainant. But it is not in dispute that other machineries except the riding seat were not supplied. Both of them agreed that the said items were delivered on 1/4/2019. Opposite party contented that it was not their own fault to not supply the riding seat since the machineries were manufactured by M/s Kerala Agro Machineries Corporation Ltd (KAMCO), Ext.B2 dated 1/4/2019 is the agreement between opposite party and said KAMCO. At the time of placing order opposite party asked one month time for the supply of said part and the complainant agreed the same. Ext.A2 dated 1/5/2019, is the Notice issued by the complainant to the opposite party and Ext.A1 dated 3/5/2019 is the copy of reply by opposite party to the complainant. Ext.B5 dated 2/5/2019 shows that on the same day itself opposite party sent e-mail communication to the manufacturer and informed about Ext.A2 and requested them to provide riding seat and necessary arrangement for training. According to the opposite party, said riding seat is not a vital component of Tiller and it can be used even without the same. The other customers purchased Tillers without ordering riding seat in order to substantiate said contention produced Ext.B6 invoices (2 in numbers) dated 6/3/2019 and 19/2/2019 issued infavour of one M.S. Jose and Rajendra Kurup. Prior to this complaint opposite party delivered the disputed item ie, on 29/5/2019 and given training on the same day itself to the complainant Ext.B4 dated 29/5/2019, is a satisfaction letter issued by complainant to the opposite party stating that he received the riding seat and he is fully satisfied about the training given to him.
7. Admittedly the riding seat was not delivered along with other machinery on 1/4/2019. It is also admitted that the undelivered item ie, riding seat was delivered on 29/5/2019 ie, after 2 months delay. However the complainant has not produced any convincing evidence before us that he suffered financial loss of Rs.1000/- Per day and he borrowed money from others. Moreover the complainant also failed to convince us except his argument that the riding seat is essential for the Tiller machine. On the contrary as discussed above it is evident from Ext.B6 other persons obtained Tiller from opposite party without the riding seat. In the absence of contrary evidence we are of the opinion that without the riding seat the Tiller can be used. During the course of argument PW1 agreed that he obtained subsidy from the authority by used Ext.A3 bill. It is also agreed by PW1 that he received training on 29/5/2019 from the opposite party and was satisfied and issued Ext.B4 satisfaction letter to that effect. It is to be noted as per the records thereafter the complainant filed this complaint dated.3/5/2019. Therefore, we are of the view that this complaint is devoid of any merit.
8. Point No.3:-
In the result, we dismiss the complaint. Both parties bear their respective cost.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 14th day of September, 2021.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
PW1 - K.S.Thomas (Complainant)
Ext.A1 - Copy of Reply dtd. 3/5/2019
Ext.A2 - Copy of letter from complainant to OP
Ext.A3 - Copy of Bill dated.20/3/2019
Ext.A4 - Tax Invoice dtd. 20-3-2019
Evidence of the opposite parties:-
Rw1 - Jayakrishnan.B (Witness)
Ext.B1 - Authorization Letter dtd.1/9/2021
Ext.B2 - copy of Dealership Agreement
Ext.B3 - Tax invoice dtd.20-3-2019
Ext.B4 - Letter from complainant to Asst.Engineer dtd.29-5-2019
Ext.B5 - Gmail communication dtd.2-5-2019
Ext.B6 - Tax Invoice dtd. 6-3-2019 .
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
