Tamil Nadu

North Chennai

115/2013

E.Rajkumar, - Complainant(s)

Versus

The General Manager, Anu Solar Power Pvt Ltd, - Opp.Party(s)

M/S.S.Subramaniaya Raja

10 Jun 2016

ORDER

                                                             Complaint presented on  : 31.05.2013

                                                                Order pronounced on  :  30.06.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,            :     MEMBER II

 

 

THURSDAY THE 30^th   DAY OF JUNE 2016

 

C.C.NO.115/2013

 

Mr.E.Rajkumar,

S/o.Elangovan,

Plot No.37, Door No.9, SISI Colony,

Sairam Street,

Ullagaram,

Chennai 600 091.

                                                                                             ..... Complainant

 

..Vs..

 

1.The General Manager,

‘Anu Solar Power Pvt Ltd.,

No.248, 3^rd Cross, 8^th Main,

3.  

Bangalore – 560 058. India.

 

2. The Branch Manager,

“Anu World’,

Shop No.12, Arihant Veikunt Apartment,

No.123, 124 & 125, Near Meghala Theatre,

Bricklin Road, Purasaiwalkam,

Chennai – 600 010. India

 

 

	.....Opposite Parties

Date of complaint                                  04.06.2013

Counsel for Complainant                      : M/s. S.Subramania Raja

Counsel for opposite parties                  : Mrs. Kavitha.P

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

The 1^st Opposite Party is the manufacturer of the Solar Power Generator Equipment. The 2^nd Opposite Party is the Branch Office of the 1^st Opposite Party at Chennai. On 06.04.2013 the Complainant placed an order for Solar Power Generator Equipment (Model No.AG 300, Capacity-900) with the 2^nd Opposite Party. The Complainant paid the cost of the product  for a sum of Rs.41,895/- on the same day at the 2^nd Opposite Party office by way of ICICI credit  card. AT the time of placing order, the 2^nd Opposite Party assured to deliver the product and to install at the Complainant place within a period 7-10 days. There was no communications from the 2^nd Opposite Party in respect  of the product when  it will be delivered at installed. Hence the Complainant sent an e-mail dated 20.04.2013 in terminating the purchase order to the 2^nd Opposite Party and to refund the sum of Rs.41,895/- paid  by him. On 26.04.2013 the Complainant contacted the 1^st Opposite Party Manager Mr.Karthick Sivaram requesting him to refund the amount. However the said Mr.Karthick Sivaram not only ignored the Complainant and also abused him. The Opposite Parties failed to deliver the product even after full payment received by them, proves that the Opposite Parties committed negligence and unfair trade practice. Hence the Complainant filed this Complaint for refund of the cost of the product and also compensation for mental agony, deficiency in service and unfair trade practice with cost of the Complaint. 

2.WRITTEN VERSION OF THE OPPOSITE PARTIES IN BREIF:

The 2^nd Opposite Party is the only out let of the 1^st Opposite Party at Chennai. They are manufacturing, supplying, installing and servicing various Solar Power Generator Equipments over a period of 30 years, since 1932 at Bangalore. It is admitted that the Complainant approached the 2^nd Opposite Party at Chennai on 06.04.2013 and placed an order to purchase Solar Hybrid inverter and also paid the cost price of Rs.41,895/- for the said product. On 20.04.2013 the Opposite Parties dispatched the product to the residence of the Complainant to Bangalore through vehicle No.Kao2AB2278 and the started his trip at 4.00 p.m and the trip sheet/Bill No.1335 dated 20.04.2013 issued to the driver. On delivery of the said product the Complainant refused to receive the product as he had already cancelled the order through an e-mail at 7.05 p.m on 20.04.2013. The Opposite Parties received the legal notice and before issuing reply   they have received notice in this Complaint. As such the Opposite Parties have not committed any Deficiency in Service or unfair trade practice and it is the Complainant only committed fault by refusing to receive the product. Hence the Opposite Parties are not liable to pay any amount as prayed by the Complainant and also order the Complainant to accept the readily available product as per the purchase order. Hence the Opposite Parties prays to dismiss the Complaint.

3. POINTS FOR CONSIDERATION:

          1.Whether there is deficiency in service on the part of the opposite parties?

          2.Whether the complainant is entitled to any relief? If so to what relief?

4. POINT NO :1

          It is an admitted fact that the Complainant  placed an order to purchase Solar Power Generator Equipment (Model No.AG 300, Capacity-900)  with  the 2^nd Opposite Party office at Chennai on 06.04.2013 and the said product manufactured by the 1^st Opposite Party and the purchase order is marked as Ex.A1 & Ex.B2 and the Complainant also paid the cost of the product  of Rs.41,895/- on the same day at the 2^nd Opposite Party office  at Chennai  and the 2^nd Opposite Party also  agreed to deliver the product at the residence of the Complainant  at Chennai and also to do the installation and the description of the type  of the product is marked Ex.A2.

          5. The Complainant paid the cost of the product at the 2^nd Opposite Party office at Chennai and thereby he becomes a Consumer. The 2^nd Opposite Party who had accepted the order and also issued Ex.A1, Ex.A2 documents to the Complainant and the office of the 2^nd Opposite Party is falls within the jurisdiction of this Forum and therefore this Forum has jurisdiction to entertain this Complaint.

          6. According to the Complainant the product has to be delivered within 7 - 10 days as per the details available in Ex.A2  at page 7 of the typed set of the Complainant and however the Opposite Parties have not delivered the product till 20.04.2013 i.e., even after 15 days the product was not delivered from the date of the order i.e., on 06.04.2013. On 20.04.2013 the Complainant sent an e-mail to the 2^nd Opposite Party cancelling the order and also requesting to refund the amount paid by him within 2 days and thereafter sending legal notice on 28.04.2013 this Complaint has been filed.

The Opposite Party contended in the written version  that on 20.04.2013 they have dispatched the product to the residence of the Complainant from Bangalore through the vehicle No:KA02AB2278 and started  the trip at 4.00 p.m and on reaching Chennai, when the Opposite Parties attempted to deliver  the product the Complainant refused to receive the product  as he had already cancelled the order through an e-mail and however as per Ex.B2 terms and conditions   they are not bound to  deliver the product within 10 days and further within the period mentioned in Ex.B2 they have delivered and the same was refused by the Complainant and hence there is no deficiency and unfair trade practice committed by the  Opposite Parties.

          7. Ex.B2 is the purchase order and the same contains General terms and conditions on its reverse page. The condition No.3 refers delivery and customers have to take delivery of the ordered item within a period of 2 months from the date of booking. Ex.A2 contains the features of the product ordered by the Complainant with warranty and the details of the amount of the product and also certain conditions at page 7 of the Complainant typed set. In Ex.A2, it has been specifically mentioned “Delivery date: 7-10 days from the date of receipt of payment in our records”. As per the specific conditions the product has to be delivered by the Opposite Parties within 7 – 10 days from the date of payment. Admittedly the Complainant paid the entire amount on 06.04.2013, from such order date; the Opposite Parties ought to have delivered the product on or before 16.04.2013. Thereafter, after 4days only the Complainant cancelled the order since the product was not delivered to him at the time of cancelling the order.  In view of the specific delivery date fixed as admitted by the Opposite Parties in Ex.A2 to deliver the product within 10 days, the General terms and conditions found in Ex.B2 is not accepted. Therefore, it is held that the Opposite Parties have not delivered the product with in the agreed period.

          8. The Opposite Parties contended that they have dispatched the product on 20.04.2013 at Bangalore and since the Complainant refused to accept the delivery of the product they returned the trip on 22.04.2013 as per Ex.B4 trip sheet. The Complainant contended the Ex.B4 has been prepared only for the purpose of this case, as if to show that they have  attempted to deliver the product to him, though  the product never came to his residence for delivery.

          9. It is the case of the Opposite Parties that the product crossed through toll No:872 as per Ex.B4. The toll receipt has not been produced as a document. The product has to cross several Tolls to reach Chennai. When the product was not delivered due to refusal of the Complainant, and such a fact came to the knowledge of the Opposite Parties on 20.04.2013 or 21.04 2013 and then they could have instructed the driver safely to produce the toll receipts to show that the product was transported from Bangalore to Chennai and return that they attempted for delivery of the product.

          10. Since the Complainant contended that Ex.B4 created documents this Forum directed the Opposite Parties to produce the original of the Ex.B4 to ascertain that Ex.B4 is a genuine document or not. However the Opposite Parties have not produced original inspite of more than 3 hearing time given to them. The failure to produce the original of Ex.B4 trip sheet leads to a suspicion of Ex.B4 document as contended by the Complainant. Therefore it is concluded that this Opposite Parties have not delivered the product within the stipulated time mentioned in their own document Ex.A2 and further failed to produce the original of the Ex.B4 trip sheet establishes that the Opposite Parties have not proved that they have attempted to deliver the product within the period accepted by them and therefore it is held that the Opposite Parties committed Deficiency in Service.

11.POINT NO :2

          Since the Opposite Parties committed Deficiency in Service by not delivering the product within the agreed period, the Complainant cancelled the order under Ex.A3 is sustainable and in view of the same the Complainant is entitled for refund of the cost of the product of a sum of Rs.41,895/- and with reasonable  interest of 9 % from the date  of payment. Due to the act of the Opposite Parties the Complainant   suffered with mental agony is accepted and for the same it would be appropriate to order a sum of Rs.50,000/- towards compensation besides a sum of Rs.5,000/- litigation expenses.

In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.41,895/- (Rupees forty one  thousand eight hundred and ninety five  only) towards cost of the product with 9% interest from 06.04.2013 to the Complainant  and also to pay a sum of Rs. 50,000/- (Rupees fifty thousand only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

        The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 30^th day of June 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 06.04.2013                   Purchase order for Led Light/SPG

 

Ex.A2 dated 06.04.2013                   Types of Product and their descriptions

 

Ex.A3 dated 20.04.2013                   E-mail sent to the second Opposite Party for

                                                   cancellation of order and to refund the money to

                                                the Complainant

 

Ex.A4 dated 28.04.2013                   Legal Notice sent to both the Opposite Parties

 

Ex.A5 dated 03.05.2013                   Acknowledgement card of the first Opposite Party

 

Ex.A6 dated 02.05.2013                   Acknowledgement card of the second  Opposite

                                                Party

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

Ex.B1 dated 15.07.2013                   Power of Attorney

Ex.B2 dated 06.04.2013                   Purchase order Led Light/SPG

Ex.B3 dated 08.04.2013                   Statement of Account (from 01.04.2013 to

                                                17.04.2013)

 

Ex.B4 dated 20.04.2013                   Panchami Tempos Cash/Credit TripSheet

 

Ex.B5 dated 20.04.2013                   Order Cancellation letter

 

Ex.B6 dated  06.04.2013                  To accept the product AG 300 booked through

                                                purchase order

 

Ex.B7 dated 20.04.2013                   Tax Invoice

 

 

 

 

MEMBER – II                                                               PRESIDENT