D.O.F:03/02/2021
D.O.O:31/08/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.28/2021
Dated this, the 31th day of August 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Reshma.M,
W/o Sreejith,
R/at “Cahaithanya”
Near GVHSS Karadka,
P.O. Karadka, Karadka Village : Complainant
Kasaragod Taluk & District- 671543
(Adv: Gangadharan. Nair)
And
The Authorised Signatory,
M/S AKWAB Enterprises,
Shed No. S-4, Sidco Industrial Estate, : Opposite Party
Trichy Main Road, Pudukkottai,
Tamilnadu. Pin 622005.
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed under section 12 of the Consumer Protection Act, 1986 ( as amended )
The facts of the case in brief is that the complainant booked a Standard Paper Bag Machine(Double colour ) with the Opposite Party , for her newly started self employment unit ,at a price of Rs.6,18, 000/- out of which Rs.3,35,000/- paid in advance on 02-03-2020. The Opposite Party had agreed to deliver the Machine within 15 days but failed to do so. After Several requests by the complainant, in August 2020, the Opposite Party informed that the machine is ready and requested to pay the balance amount and accordingly the complainant paid Rs.2,83,0001/- on 19-08-2020. There after the Opposite Party delivered the machine on 23 - 08 - 2020.But the Opposite Party did not sent technicians to install the machine. The Opposite Party issued a Tax invoice for Rs.1,18,000/- in which the machine is described as “Semi Automatic paper bag machine” while what is supplied is "3 in 1 Standard paper bag machine”. Also the Opposite Party didn't issued the proper Tax Invoice for the entire amount of Rs.6,18,000/-paid by the complainant through NEFT banking as well as the warranty card, in spite of several requests. The Complainant could not avail the entire loan amount from the Bank so far, as he could not produce the Tax Invoice for the entire price amount. The Complainant got installed the machine at her own costs and started the unit to avoid further loss. The Opposite Party failed to perform their business promise and after sale services, which amount to gross negligence and service deficiency and unfair trade practice due to which the complainant suffered great mental agony and monetary loss. The complainant estimates her loss and damages to Rs.5,00,000/- for which the Opposite Party is Iiable to compensate. Hence the complaint .
The notice sent to the opposite party was duly served but they didn't care to appear but called absent and was set exparte .
The Complainant filed proof affidavit in lieu of chief examination and documents
Ext. A 1 to Ext. A 6 are marked .The Ext - A1 is the offer letter dated 12-02-2020, . Ext - A 2 is the Receipt dated.02-03-2020, Ext. A3 is the copy of RTGS from Kerala Gramin Bank dated 19-08-2020, Ext A4 is the Tax invoice dated 21-08-2020, Ext. A 5 is the copy of the Lawyers Notice, .Ext. A 6 is Acknowledgment card.
Based on the pleadings and evidence in this case the following issues are framed for consideration.
1. Whether there is any service deficiency on the part of any of the opposite party?
2. If so, what is the relief?
For convenience, both these issues are considered together.
Here the specific case of the complainant is that booked a Standard Paper Bag Machine (Double colour) with the Opposite party , for her newly started self employment unit ,at a price of Rs.6,18, 000/- out of which Rs.3,35,000/- paid in advanced on 02-03-2020. The Opposite Party had agreed to deliver the Machine within 15 days but failed to do so. After Several requests by the complainant, in August 2020, the Opposite Party informed that the machine is ready and requested to pay the balance amount and accordingly the complainant paid Rs.2,83,0001/- on 19-08-2020. There after the Opposite Party delivered the machine on 23 - 08 - 2020.But the Opposite Party did not sent technicians to install the machine. The Opposite Party issued a Tax invoice for Rs.1,18,000/- in which the machine is described as Semi Automatic paper bag machine while what is supplied is "3 in 1 Standard paper bag machine. Also the Opposite Party didn't issued the proper Tax Invoice for the entire amount of Rs.6,18,000/-paid by the complainant through NEFT banking and the warranty card, in spite of several requests. The Complainant could not avail the entire loan amount from the Bank so far, as he could not produce the Tax Invoice fo the entire price amount.. The Complainant got installed the machine at her own costs and started the unit to avoid further loss. The Opposite Party failed to perform their business promise and after sale services, which amount to gross negligence and service deficiency and unfair trade practice. Due to which the complainant suffered great mental agony and monetary loss.
Selling a machine by receiving the price amount and thereafter not issuing proper tax invoice for the entire amount and not providing proper after sale service are gross negligence and service deficiency.
Due to non issue of proper tax invoice for the entire amount by the opposite party, the complainant could receive the entire loan amount from the bank. Since the opposite party did not care to send their technician as promised, the complainant was constrained to make arrangement for installation of the machine at her own costs.
Therefore considering circumstances and available evidence and in the absence of any rebuttal evidence in this case, this commission is of the view that there is service deficiency on the part of the Opposite Party due to which the complainant suffered mental agony and suffering apart from monetary loss and she is entitled for compensation. The Opposite Party is liable to compensate for the mental agony and sufferings .The Complainant states that he had sustained a damage of Rs.5,00,000/- But there is no reliable evidence to show the damage to the tune of such a huge amount. The commission is of the view that a total of Rs. 1,00,000/- will be a reasonable amount of compensation in this case.
ln the result , the complaint is allowed and the Opposite Party directed to pay
Rs.1,00,000/-(Rupees One lakh only) towards compensation and Rs.5,000/-(Rupees Five thousand only), towards the costs to the Complainant
Time for compliance is 30 days from receipt of the copy of the Judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Offer Letter
A2-Reciept for Rs.3,35,000 issued by the OP
A3- copy of RTGS from Kerala Gramin Bank
A4- Tax Invoice for Rs. 1,18,000/-
A5- copy of lawyer notice
A6- Acknowledgment card
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
