DATE OF FILING: 04.11.2015
DATE OF DISPOSAL: 24.01.2017.
Miss S.L.Pattnaik, President:
The complainant has filed this consumer dispute Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of her grievance before this Forum.
2. Briefly stated the case of the complainant is that the complainant is one of the proprietor of Jaga Kalia Hotel and she is maintaining her livelihood out of the income from the said unit. The O.Ps are carrying on the business of Godrej products such as air conditioner machines etc. and they approached the complainant through their representative at Berhampur to supply air conditioner machines to the business premises of the complainant. Accordingly the price for 14 numbers of air conditioners i.e. 6 numbers of split A.C. and 8 numbers of window A.C. are finally negotiated at a rate of Rs.28000/-(Rupees Twenty Eight Thousand) only and Rs.22,050/- (Rupees Twenty Two Thousand and Fifty) only per unit respectively. The fixation of price of the products as stated above as well as supply of the units are agreed and consented by the Company of the O.Ps. The complainant was in urgency to install the air conditioner machines in her premises during last summer. Accordingly the complainant has paid an amount of Rs.3,20,000/- (Rupees Three Lakhs Twenty Thousand) only on 4.3.2015 through RTGS in view of the advice and contract made between the complainant and O.Ps. Though the O.Ps have approved the aforesaid amount for supply of Air Conditioner Units, but the O.Ps have intentionally failed to supply the Air Conditioner machines to meet the summer needs of the complainant in her business premises. The complainant had approached the O.Ps several times over phone and through the authorized representative of the O.Ps and with much delay the O.Ps have released 6 numbers of split A/C units and one window A/C on 29.5.2015, but in order to meet the requirements of the complainant, the complainant has no alternative to install other brand of Air Conditioner Machines in her premises much prior to supply of above number of Air Conditioner machines by the O.Ps. Thereafter the complainant issued a letter requesting he O.Ps to refund the amount which has been paid by the complainant through RTGS and further requested to the O.Ps to take back the uninstalled and unused A/C units, which are kept by the representative of O.Ps in spite of protest made by the complainant. The number of A/C units as stated above are not at all installed in the premises of the complainant and further no air conditioner machines are required by the complainant from the company of the O.Ps as the O.Ps have failed to install the same during the pick summer period, for which the complainant compelled to make the alternative arrangements for summer needs. Believing upon the standard of the company of the O.Ps such a contract is made by the complainant with the O.Ps through their representative at Berhampur, but after receipt of the money from the complainant, the O.Ps have cheated the complainant, the O.Ps have cheated the complainant by withholding the amount unlawfully, for which the complainant is put to various inconvenient during the pick of the summer and suffered from mental agony. Inspite of repeated requests made by the complainant the O.Ps have not refunded the amount, for which the complainant has no alternative to issue the legal notices to the O.P.No.1 and 3 through her advocate on 15.9.2015 by Registered post with AD calling upon the O.Ps to refund an amount of Rs.3,20,000/- (Rupee Three Lakh Twenty Thousand) only with 12% per annum within 15 days from the date of receipt of this notice. Though the O.Ps have received the notice, but they have not taken any steps for settlement of the claim of the complainant. Further the husband of the complainant has issued the legal notices to the O.P.No.2 and 3 by Registered post with AD but the O.Ps have failed to settle the dispute between the parties, for which the complainant has no alternative to approach this Forum for redressal of her grievance. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund the amount of Rs.3,20,000/- (Rupees Three Lakhs Twenty Thousand) only to the complainant with 12% interest per annum from the date of payment made from 4.3.2015, compensation of Rs.1,00,000/- towards mental agony and harassment and Rs.20,000/- towards legal expenses in the interest of justice.
The complainant filed the following documents in support of his case.
A. Photocopy of the Estimate slip dated 8.1.2015 given by the O.P.No.2 to the complainant.
B. Photocopy of the Annexure-II dated 4.3.2015 of Syndicate Bank, Berhampur in support of payment of amount for Rs.3,20,000/- to the O.P.No.3 by the complainant through RTGS.
C. Photocopy of legal notice dated 18.8.2015 to the O.P.No.2 & 3 by Regd.post/AD.
D. Photocopy of legal notice dated 15.9.2015 issued by the complainant through her advocate to the O.P.No.1 & 3 by RP/AD.
3. Despite valid notice, the Opposite Parties failed to enter their appearance and as a result they were proceeded ex-parte on dated 2.5.2016.
4. We heard the exparte argument from the side of the complainant and perused the documents available in the case record. The complainant filed this case against the O.Ps on the following submissions.
(a) The complainant made a contract with the O.Ps through the representative of O.Ps at Berhampur to supply air conditioner machines to the business premises of the complainant. Accordingly the price for 14 numbers of air conditioners i.e. 6 numbers of split A.C. and 8 numbers of windows A.C. are finally negotiated at a rate of Rs.28,000/- (Rupees Twenty Eight Thousand) only and Rs.22,050/- (Rupees Twenty Two Thousand Fifty) only per unit respectively. The fixation of price of the products as stated above as well as supply of the units are agreed and consented by the company of the O.P. But on perusal of the case record we found that, there is no documentary evidence relating to the above contract is filed by the complainant to support his allegation. The copy of the Annexure – 1 filed by the complainant given by the O.p No. 2 to the complainant does not estimate the clearly 14 number of air conditioner machine. So, in the absence of the documentary evidence, the allegation of the complainant against O.ps is not believable in toto.
(b)The complainant submitted that as per the advice and contract she has paid an amount of Rs.3,20,000/- on 4.3.2015 through R.T.G.S towards supply of the Air conditioner machines to meet the summer need of the complaint in her business premises. But on perusal of the case record we found that there is no money receipt filed by the complainant in this case to prove that he has paid Rs. 3,20,000/- (Rupees Three Lakh Twenty Thousand) only to the O.Ps through Syndicate Bank. The copy of the documents as Annexure- ii- dated 4.3.2015 filed by the complainant is not a money receipt rather it is a fund transfer requisition form filled up and signed by the complainant as applicant. So in the absence of any documentary evidence , the allegation of the complainant that he has paid Rs.3,20,000/- (Rupees Three Lakh Twenty Thousand ) only to the O.Ps can not be sustainable in the eye of law.
(c) The complainant submitted that, in spite of repeated request made by her, the O.Ps have not refunded the amount for which she had issued the legal notice to O.P.No.1 & 3 through her advocate on 15.09.2015 by Regd.post/A.D. calling upon the O.Ps to refund an amount of Rs. 3,20,000/- (Rupees Three Lakh Twenty Thousand) only with interest. Though the O.Ps had received the notice, but they have not taken any steps for settlement of the claim of the complainant. Further, the husband of the complainant has issued the legal notice to the O.P.No.2 & 3 by Regd. Post with AD but the O.Ps have failed to settle the dispute between the parties. On perusal of the legal notice dated 18.08.2015 we found that, the complainant sent the legal notice dated 18.08.2015 to O.P.No.2 & 3 on a different allegations for not providing warranty cards and bills of the air conditioner machine which is not even pleaded in the complaint petition by the complainant. So, the Forum feels that the complainant suppressed the material facts and has not come to this Forum with clean hand.
So, in absence of material documents in support of the allegation of the complainant, it can not be said that the O.Ps have committed any deficiency in service on their part. Hence the complaint case filed by the complainant is hereby dismissed without any cost as it is devoid of merit.
5. In the result, we dismissed the case of the complainant due to devoid of merits. The case of the complainant is disposed of accordingly. No cost.
6. The order is pronounced on this day of 24th January 2017 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
