DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 30th day of June 2009.
Present : Smt. H. Seena, President : Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.24/2009
K. Bhaskaran S/o. Krishnan Ezhuthassan Pulikkal House, Koodallur Post Pallavur Palakkad. - Complainant (Adv .S. Remash) V/s
1. The Manager Panworld Equipment and Services (Authorised Dealers of M/s. Claas India Ltd, Faridabad) 34/346 Mullamangalam Padivattom Near Anchumana Temple, Bypass Road Edapally Kochi – 682 024
3. Claas India Ltd 15/3 Madura Road Faridabad Haryana - Opposite Parties
O R D E R By Smt. H. Seena, President In short the case of the complainant is as follows:
Complainant placed an order for the purchase of a combined Harvester with the Ist opposite party on 19.04.2008. 2nd opposite party is the manufacturer of the machine. Price of the combined harvester including VAT amounts to Rs.19,25,000/-. As per the terms of booking complainant was directed to pay an amount of Rs.3,00,000/- (3 Lakh) as advance and the same was paid to the 1st opposite party. 1st opposite party assured that the combined harvester will be delivered within 2 months from the date of placement of the - 2 - order. Complainant was also sanctioned with a loan of Rs.12,00,000/- (12 lakh) from Punjab National Bank. As the complainant received no response from the opposite parties even after the assured date of delivery, he contacted the opposite parties over phone. But neither of the opposite parties cared to inform about the delivery of the machine. Finally on 22/12/2008, 1st opposite party sent a letter to the complainant stating that due to shortage of machines at the factory of 2nd opposite party, there would be delay in the delivery of the machine and the delivery date would be July or August 2009. It was also informed that the price of the machine has increased to Rs.21,89,000/- from the agreed price of Rs.19,25,000/-. Complainant caused a lawyer notice dated 05/01/2009 to both opposite parties. Opposite parties received notice but did not care to reply. According to the complainant the act of opposite parties amounts to clear deficiency in service. Complainant claims refund of the advance amount together with interest and Rs.1 Lakh as compensation for the pain and suffering.
Even though notice was served. Opposite partied did not appear before the Forum. Hence was set ex parte.
The evidence adduced consists of the proof affidavit and Exhibit A1 to A8 marked on the side of the complainant.
The issues for consideration are: Whether there is any deficiency in service on the part of opposite parties? If so, reliefs and cost?
Points 1 & 2
The definite case of the complainant is that he has placed an order for the purchase of a combined harvester machine for Rs.19,25,000/-. An amount of Rs.3,00,000/- was paid in advance. For the balance payment loan was also sanctioned. The grievance of the complainant is that opposite parties has not kept the words in delivery of the machine in time and for the agreed price. The case of the complainant is proved by Exhibit A1 to A8 - 3 - documents. Exhibit A2 evidence the payment of Rs.3 lakh as advance amount. Exhibit A4 evidences the admission of delay in delivery of the machine by opposite parties and a further demand of high price. There is no contra evidence to that one produced by the complainant. In the result, we allow the complaint. Both opposite parties together are directed to refund an amount of Rs.3 lakh being the advance amount together with 12% interest from 21/04/2008 to the date of complaint and Rs.5000/- as compensation and Rs.1000/- as cost of the proceedings Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest at the rate of 8% per annum. Pronounced in the open court on the 30th day of June 2009 PRESIDENT (SD) MEMBER (SD) MEMBER (SD) APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Proforma Invoice dated 19.04.08 of Panworld Equipments & Services Ext.A2 - Cash receipt of Pan World Equipments & Services dated 21/04/2008 for Rs.3,00,000 Ext A3 - Loan sanctioning letter of Punjab National Bank dated 20/05/2008
4. Ext. A4 – Letter dated 22.12.2008 of Panworld Equipments & Services 5. Ext. A5 – Letter of Advocate Remash dated 5th January 2009 6. Ext. A6 - Certificate of posting 7. Ext. A7 - Acknowledgement card 8. Ext. A8 – Payment slip counter for Rs.3,00,000/- Exhibits marked on the side of the Opposite Party Nil Forums Exhibits Nil Cost (allowed) Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings Forwarded/By Order
Senior Superintendent
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
