Tamil Nadu

South Chennai

CC/153/2017

J.Prabhakaran - Complainant(s)

Versus

The General Manager, AMC Cookwarre (India) Pvt Ltd - Opp.Party(s)

K.Ramesh

18 May 2022

ORDER

Date of Complaint Filed : 14.03.2017                                                       

 Reservation                      : 29.04.2022

Date of Order                   : 18.05.2022                                                               

                                                DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B JIJAA, M.L.,                                            : PRESIDENT

                      THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,     : MEMBER II

CONSUMER COMPLAINT No.153/2017

WEDNESDAY, THE 18^th DAY OF MAY 2022

 

J. Prabhakaran,

No.19-A, Arunagiri Street,

Pudipalayam, Cuddalore -1.                                                                                                    ... Complainant                        

 

..Versus..

1.The General Manager,

   AMC Cookware (India) Pvt Ltd.,

   No.1180, 12 “B” Main 1^st Cross,

   Hal II Stage, Indira Nagar,

   Bangalore – 560008.

 

2.The Senior Manager,

   AMC Cookware (India) Pvt Ltd.,

   No.115 B & C, 1^st Floor,

   T.K. Nambi Street, (Gandhi Road),

   Little Kancheepuram,

   Kancheepuram – 631503.

 

3.The Manager,

   AMC Cookware India Pvt Ltd.,

   No.2, Rajamannar Street,

   GN Chetty Road,

   T.Nagar, Chennai – 17.                                                                                                          ...  Opposite Parties

******

Counsel for the Complainant            : M/s. K. Ramesh

Counsel for the Opposite Parties       : Exparte

 

        On perusal of records and having treated the written arguments of Complainant as oral arguments, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties  under section  12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.50,000/- towards compensation and to pay a sum of Rs.25,000/- towards mental agony along with cost.

2.     Even after receipt of the notice of  the Opposite Parties did not appear before this Commission and hence the Opposite Parties were set exparte.

3.     The Complainant had filed his Proof Affidavit and Written Arguments. On the side of Complainant Exs-A.1 to Ex-A.7 were marked.

4.     The facts of the complaint in brief are as follows:-

The Complainant purchased goods manufactured by the Opposite Parties in easy instalments under Invoice No.A1/CL-INV–201300169 dated 06.6.2013. The balance amount to be paid is Rs.15,360/- with interest and the instalment is Rs.5,120/- which is to be paid. The Complainant paid the instalments without fail. The Complainant made payment on 23.10.2013 two instalments for a sum of Rs.10,240/- and receipt have been issued for the payment made vide receipt No.CL/2013/051 for Rs.5,120/- dated 23.10.2013 and another receipt No.CL/2013/052 for Rs.5,120/- dated 23.10.2013 and made another instalment for a sum of Rs.5,120/- dated 08.11.2013 for which receipt been issued vide receipt No,VL/10/072. The Complainant had paid the entire amount and there is no due on the loan received by him. Confirming the same the Complainant received NO DUE Letter from the Opposite Party on 14.04.2016. At this juncture the Complainant was shocked to received a notice dated 17.03.2016 from District Legal Services Authority Bangaluru stating that the Opposite Parties have filed a Pre-Litigation case to recover an amount of Rs.15,360/- and has to appear to settle the matter amicably. The Complainant was shocked to see the said notice though he had paid the entire instalment amounts  and there is no due to be paid which caused untold agony to the Complainant. The Opposite Parties unfair trade practice caused mental agony to the Complainant and delay in sending the blank cheques given by him for surety purpose have caused mental stress to him which cannot be resolved unless he is compensated. The Complainant therefore issued a Legal Notice to the Opposite Parties on 11.05.2016 for which the Opposite Parties by reply notice dated 10.06.2016 denied the averments and did not give any reply on the notice received by the Complainant dated 17.03.2016 from District Legal Services Authority, Bangaluru. The deficiency in service and unfair trade practice rendered by the Opposite Parties cannot be resolved unless the Complainant is compensated. Hence the complaint.

5.      Points for Consideration:-

1. Whether there is unfair trade practice as well as deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

6.    Point No.1:-

        The contention of the Complainant is that he purchased goods from the Opposite Parties in easy instalments under Invoice No. A1/CL-INV–201300169 dated 06.06.2013 and that he paid 2 instalments for a sum of Rs.10,240/- on 23.10.2013 vide receipt No.CL/2013/051 and Receipt No.CL/2013/052 and another instalment for a sum of Rs.5,120/- on 08.11.2013 vide receipt No.VL/10/072 and  the instalments were paid in full as on 08.11.2013. However he was shocked to receive notice dated 17.03.2016  from District Legal Services Authority, Bengaluru to settle an amount of Rs.15,360/- as found in Ex.A-3. As per the Ex.A-2 the Complainant had preferred a complaint to Tamil Nadu Consumer Federation, Cuddalore alleging that he had paid the entire loan amount and that he had intimated the same the concerned employee of the Opposite Parties who had sought details of payment and the Complainant had sent all details through mail on 31.03.2016. It was averred in the said complaint that there was no proper reply on the side of Opposite Parties and that he had to face the case in a proper way and sought return of loan documents. On 07.04.2016 notice was sent to the Opposite Parties, enclosing the complaint.

        A perusal of Ex.A-4 would reveal that the Complainant had settled the entire loan outstanding amount for the purchase of goods vide Bill No. A1/CL-INV–201300169 dated 06.06.2013. After receiving details of payments from the Complainant the Opposite Parties had issued the No Due Letter only on 14.04.2016.

        The act of the Opposite Parties in sending notice through District Legal Services Authority,  Bengaluru to recover an amount of Rs.15,360/- from the Complainant by fixing the hearing date as 07.04.2016, even after the receipt of full payment from the Complainant as early as 08.11.2013 towards  the loan for the purchase of goods vide bill No.A1/CL-IN V-201300169 and the delay in sending No Due Letter by the Opposite Parties on 14.04.2016, thereby denying the Opportunity to the Complainant to face the case posted on 07.04.2016 in a proper way would have caused untold mental agony and hence the Opposite Parties have committed unfair Trade Practice and deficiency of service. Hence the point is answered accordingly.

7.      Point Nos : 2 and 3:-

        As we have discussed and decided that the Opposite Parties have committed unfair trade practice and that there is deficiency in service on the part of the Opposite Parties and therefore  the Opposite Parties are directed to pay a sum of Rs.25,000/- towards compensation for the deficiency in service and for the mental agony caused to the Complainant and Rs.5,000/- towards costs. Accordingly, Point Nos. 2 and 3 are answered.

In the result this complaint is allowed in part. The Opposite Parties are directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards compensation for the deficiency in service and the mental agony caused to the Complainant and Rs.5,000/-(Rupees Five Thousand Only)  towards cost of this complaint, within 8 weeks from the date of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment.

In the result this complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on this Wednesday, 18^th day of May 2022.

  

S. NANDAGOPALAN                         T.R. SIVAKUMHAR                                B.JIJAA

         MEMBER II                                       MEMBER I                                   PRESIDENT

List of documents filed on the side of the Complainant:

Ex.A1		Hire Purchase Agreement
Ex.A2	17.04.2016	Notice sent by Complainant
Ex.A3	17.03.2016	Notice received by the Complainant from District Legal Services Authority, Bengaluru
Ex.A4	14.04.2016	No Dues Letter issued by the Opposite Parties
Ex.A5	-	Reply from the Opposite Parties
Ex.A6	11.11.2016	Legal Notice issued by the Complainant
Ex.A7	10.06.2016	Reply Notice from the Opposite Parties

List of documents filed on the side of the Opposite Parties:

NIL

 

S. NANDAGOPALAN                                          T.R. SIVAKUMHAR                              B.JIJAA

         MEMBER II                                                          MEMBER I                                PRESIDENT