Complaint filed on: 01-12-2020
Disposed on: 15-07-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
#201, 202, 1st Floor, Indian Red Cross Building Complex,
Ashoka Road, Tumakuru-572 101.
DATED THIS THE 15 DAY OF JULY, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A. L.L.B, LADY MEMBER
CC.No.74/2020
D.N.Jayaram S/o D.Narayan,
A/a 63 years, R/of “Skanda Niwas”,
7th Main, Devanoor Road, 4th Cross,
Vijayanagar, Tumkur.
……….C.C.No.74/2020
(By Sri. Obalesh, Advocate)
V/s
The Manager,
Reliance Retail Ltd.,
Reliance Digital,
PID No.17-2-2-13,
B.H.Road, Tumkur.
(By Sri. D.C.Himananda, Advocate)
:ORDER:
SMT.G.T.VIJAYALAKSHMI, PRESIDENT
The complainant has filed this complaint alleging deficiency in service on the part of OP and requesting to direct the OP to pay Rs.6,69,663/- with interest @ 12% per annum along with cost and damages and such other reliefs.
2. The brief facts of the complaint are as under:
The complainant willing to purchase DISH WASHER and accordingly approached the OP and agreed to purchase BOSCH DISH WASHER and the OP agreed to deliver the same to the house of complainant on 08.06.2020 without fail. It is further submitted that on 07.06.2020 the complainant has paid the amount of Rs.37,289/- after assurance from the OP regarding delivery of the said dish wash machine on 08.06.2020. But even after waiting such a long period and lot of phone calls and approaching the OP, the OP failed to deliver the said dish wash machine. Finally the OP delivered the said machine after lapse of 3 months. Therefore, the complainant issued legal notice to the OP claiming 18% interest on the amount paid by the complainant for 90 days, Rs.200/- per day (for 90days) for visiting daily to the OP show room, Rs.10,000/- to the person appointing (for 3 months) for dish washing and Rs.5,00,000/- towards mental agony, in all Rs.6,69,663/-. But the OP after receipt of the legal notice neither paid the amount nor replied to the legal notice. Hence, the complaint,
3. After service of notice, the OP appeared and filed the version contending that the complaint is not maintainable either in law or on facts. The OP further contended that due to medical emergency lock-down for COVID-19 the OP could not deliver on the said date but the same has been delivered to the OP by installing the same in to the complainant house soon they got the product in Pandemic. The delay is not intentional, but due to unavoidable circumstances, the delay has occurred and the production at that point of time was curtailed, hence the supply of products was sluggish at that point of time. The averments in the complainant regarding approaching the OP show room often and often and made several phone calls are all false. The OP has delivered the machine safely and installed the same into the complainant house. The delay is only for bona-fide reasons. Hence, there is no deficiency of service. On these among other grounds, the OP prayed to dismiss the complaint.
4. Both parties have filed their affidavit evidence. The Complainant produced five copies of documents, but not marked the same.
5. We have heard the arguments of OP. The counsel for complainant filed the written arguments and submitted that his written arguments be treated as oral arguments.
6. . The points that would arise for determination are as under:
1) Whether the complainant proves that there is
deficiency in service on the part of OP?
2) Is complainant entitled to the reliefs sought for?
7. Our findings aforesaid points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order
:R E A S O N S:
Point Nos.1 and 2:
8. The complainant has agreed to purchase the Bosch Dish Washer model No.SMS66GIo1I(Ex.P1) and paid the money through debit card for invoice No.000178 dated:07/06/2020 for Rs.37,290/-. The OP has agreed to deliver the same to complainant house on 08.06.2020 without fail. Further, the complainant has submitted that after lapse of 03 months i.e. 06.09.2020 (Ex.P3) OP delivered the said dish washer to the complainant's house.
9. The OP admitted the fact that there was 03 months delay to deliver Bosch Dish Washer to the complainant due to medical emergency lock-down for covid-19. The OP could not deliver on the said date, but the same has been delivered to the complainant's by installing the same after they got the product/Dish washer in pandemic period.
10. But after receiving the full consideration from the complainant for Dishwasher, OP delayed 03 months to deliver the said dishwasher amounts to deficiency in service on the part of OPs.
11. For 03 months delay in delivery of Dish washer by OP, the complainant claimed Rs.6,68,663/- as compensation under the following heads
1. For dishwashing per month Rs.10,000/- (for 03 months): Rs. 30,000-00
2. Daily expenses to visit OP shop. 200 Per day (For 90 days) Rs.18,000-00
3. Compensation Rs.5,00,000-00
4. 18% interest on Rs.37,290/- Rs.21,663-00
Rs.6,69,663-00
12. But the complainant has not placed any convinced materials to show that he has incurred the expenses for travelling and dish washing. Therefore, he is not entitled to claim Rs.48,000/- towards dish wash and travelling. Considering the reasons assigned by the OP and the circumstances prevail at that time, it is just and proper to award interest on Rs.37,290/- at 9% Per Annum for delayed period i.e. 03 months (08.06.2020 to 06.09.2020) and Rs.3,000/- as compensation and Rs.3,000/- towards litigation expenses. Accordingly, we pass the following:-
-:ORDER:-
The complaint is allowed in part.
The OP is directed to pay Rs.840/- i.e. interest @ 9% p.a. for delayed period of 03 months (08.06.2020 to 06.09.2020) on Rs.37,290/- to the complainant.
The OP is further directed to pay Rs.3,000/- as compensation and Rs.3,000/- as litigation expenses.
The OP is further directed to comply the above order within 30 days from the date of receipt/knowledge of this order.
Furnish copy of this order to both parties at free of costs.
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