BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.04/2017

DATE OF FILING: 11/01/2017
 

ORDER DATED: 19^th day of June, 2017

   P r e  s e n t: 

01) Smt.Sharada.K.                                                    President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                         Lady   Member…

                            B.A (Music)

03) Shri.Shravanakumar.D.Kadi                               Member…

                        M.Com.LL.B.  (Spl)

                V/s

JUDGEMENT DELIVERED BY SMT.SHARADA.K.PRESIDENT

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Party (herein after referred in short as OP) for refund the ordered payment amount of Rs.30,000/-, towards the damage to the complainant Rs.20,000/- and pays the other order and further orders as his Hon’ble Forum may deem fit and proper in circumstances of the case.

2.    The brief fact of the case are as follows:

The facts of the complainant as is stated by the complainant are as under; That the complainant is permanent resident of Hunugund, Dist; Bagalkot. The complainant submits that, he is running granite quarry operations at Karnataka by utilizing necessary machineries and the OP is doing business in selling the necessary ropes and other tools which will be used to the granite cutting machines. The complainant used to purchase the necessary ropes and other tools from the OP since 2 or 3 years in the said process the complainant needed to purchase one rope used for cutting the granite blocks. The complainant contacted the OP by Phone dated: 05.10.2016 standing that the wants to purchase one rope. The OP agreed to sell the same for Rs.30,000/- and the same was accepted by the complainant.  

3.      The complainant submits that as per the above oral agreement, the OP sent message of his bank account number to the complainant and asked him to pay Rs.30,000/- in the OP Account and so that immediately the OP will send the rope by parcel service to the complainant. Believing his words, the complainant paid a sum of Rs.30,000/- in the account of the OP online account No.911010029402188 at Axis Bank, Ilkal Branch at Karnataka on 05.10.2016. The complainant was eagerly waiting to receive the Rope from the OP but till today he has not sent the above said Rope as agreed by the OP.

4.      The complainant once again met the OP by phone he replied that there is no stock of Ropes at present and he will send after receiving stock and if not stock is received in time he will pay back the amount of Rs.30,000/- to the complainant, but so far the OP neither returned the above amount nor supplied the above Rope to the complainant which amounts to willful negligence of supplying of goods as agreed by the OP to the complainant, and also amounts to cheating and defrauding of the complainant.

5.      After that the complainant has made several time enquire and made request to dispatch his ordered product through mobile but till today OP have not made any proper response even not brought to supply the order which it is already due or to repay the amount of Rs.30,000/- which OP has received. Hence from the above facts complainant issued legal notice to OP and demanded to supply the ordered rope on 18.11.2016, but on contrary OP received the notice, but it was not at all replied nor amount was paid. Due to this act of OP, the complainant suffered financial loss and mental agony. Hence complainant prays for allowing the Complaint.    

6.      After receipt of the notice, OP did not appear either in-person or by counsel inspite of giving sufficient time. Hence, were placed exparte.

7.      That the complainant has filed affidavit in support of his case and that document is marked on behalf of the complainant EX C1 to EX C3 and heard the arguments.

8.      On the basis of the above pleadings, the following points of determinations are as follows:

1. Whether OP has rendered deficiency in service to the complainant?
2. Whether the complainant is entitled to the relief as sought for?
3. What order?

        9.    Our findings on the above points are as under:

          Point No.1:-         In the affirmative,

          Point No.2:-         In the partly affirmative,

        Point No.3:-       As per the final order for following.

-: R E A S O N S :-

          10.    POINT NO.1:- That the complainant produced original Bank Deposit counter slip marked as EX C1, office copy of Legal Notice marked as EX C2 and postal acknowledgement marked as EX C3. The complainant is a consumer as is defined under the provisions of Act and the service rendered by the OP is a Service as explained in Act. That the complainant has ordered the one rope used for cutting the granite blocks with if cost amount of Rs.30,000/- on this respect complainant made the payment as per instruction given on Act of OP, the complainant had followed all instructions and made the payment through Axis Bank Branch at Ilkal on 05.10.2016 and same was accepted by the OP. After making the payment, the OP has not kept they words as per agreed orally to the complainant. The complainant many time requested to the OP to supply the order rope. Thereafter the complainant has got issued legal notice on 18.11.2016 through RPAD, but OP was did not reply so far as per EX C2. Thereafter, the complainant filed a Complaint before the Hon’ble Forum. After service of notice, the OP not appeared before the Hon’ble Forum and observed that, it is clearly admitted facts that it amounts to deficiency in service and unfair trade practice.

          11.    Perused of said Complaint and all documents, it is proved the OP has rendered deficiency in service to the complainant. Hence, we answer to the Point No.1 in affirmative.  

          12.    POINT NO.2: There is no doubt that complainant so many time requested to OP to supply the ordered product, but same is not response, in view of above observations, we are of the opinion that, the OP should be paid value of rope used for cutting the granite blocks Rs.30,000/- with interest @ 9% p.a. from the date of filing this Complaint till realization, for causing unnecessary harassment and damage to the complainant, hence OP is also to pay Rs.10,000/-, towards litigation expenses pay Rs.2,000/-. Hence, we answer to the Point No.2 in partly affirmative.

          13.  POINT NO.3:  In the result, the Complaint of the complainant is fit to be allowed in part. Hence we proceed to pass the following:

:: ORDER ::

1. This Complaint is partly allowed.

2. The OP shall have to pay an amount of Rs.30,000/- (Rupees thirty thousand) to the complainant with interest @ 9% p.a. from the date of filing this Complaint, till realization
3. The OP shall have to pay an amount of Rs.10,000/- (Rupees ten thousand) towards mental agony and harassment and Rs.2,000/- (Rupees two thousand) towards the cost of proceeding.
4. The OP is directed to comply this order within a period of thirty days from the date of receipt of this order, failing which Rs.30,000/- carries interest at the rate of 12% p.a. from the date of order, till payment is made
5. Send a copy of this Order to both parties free of cost.  

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 19^th day of June, 2017)