D.O.F:02/03/2023
D.O.O:20/09/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.65/2023
Dated this, the 20th day of September 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Sunil Manyote
Kovvalpally, Kallanchira Road,
Kanhangad, Kasaragod – 671315 : Complainant
And
The Manager,
Arya Cane Industries,
141/3 New Qutub Roaad, Teliwara,
Near Pumithai, Sadar Bazar,
Delhi – 110006 : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of this case is that the complainant is an unemployed youth, returned from gulf who was in search of a job. The complainant had seen the advertisement of Opposite party. As per the advertisement the Opposite party is supplying cleaning materials of standard quality. In response to the advertisement the complainant contacted Opposite party through telephone and enquired about the price, quality, and marketability of the product which are offered for sale by Opposite party. After making enquiries about the products complainant asked Opposite party to send, a catalog of materials and order form. The opposite party insisted him to send an amount of Rs 50,000/ to opposite party. Believing the words of Opposite party, the complainant transferred Rs. 50,000/- to Opposite party. Instead of sending the order booking form, Opposite party send the materials through VRL courier and same was delivered to the complainant. The complainant had paid Rs. 7000/- as courier charge. On Opening the parcel the complainant was shocked as most of the materials were costly and substandard which are not able to sell in the local market. The allegation of the complainant is that Opposite party cheated him by sending low quality products. The Opposite party send the products unilaterally. The complainant returned the entire consignment to Opposite party and asked to refund the amount paid earlier. The Opposite party misrepresented the complainant that the products are of good quality. Moreover Opposite party supplied the material not as per the requirement of the complainant. The Opposite party levied Rs. 7000/- as courier charge from the complainant. Instead of making refund of the amount of Rs 50,000 the Opposite party again send another consignment, to the complainant, 4 bags of cleaning materials made up of sack pieces which are not useful. While sending the second consignment the Opposite party deducted Rs. 6000/- as courier charge. The Opposite party themselves send the damaged products and they imposed unnecessary charge on the complainant. According to the complainant, the products shown in the advertisement is entirely different from the products delivered to him. The act of Opposite party amounts to unfair trade practice and deficiency in service and thereby the complainant suffered financial loss and mental agony. The complainant is earning his livelihood by purchasing and selling of goods. He is the only earning member of his family. The prayer of the complainant in this case is to refund Rs. 50,000/- with interest @18% from the date of complaint till realization andthe Opposite party is liable to pay further amount of Rs. 13000/- as courier charges and Rs. 1lakh for mental agony with cost of this proceedings.
The Opposite party send their version by post.Their first contention is that the complainant is not maintainable before this commission, in the invoice itself it is clearly stated that the complaint if any is to be filed before Delhi court. By this the Opposite party admitted the transactions with the complainant. Regarding maintainability as per section 34 (2) d of Consumer Protection Act 2019 the District Commission shall have jurisdiction to entertaine the complaint with in the local limits where the complainant resides or personally works for gain. In this case the complainant is residing within the limits of this commission. Hence this commission haveamble jurisdiction to entertain this complaint.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext A1 to A8. The issues raised for consideration are:
- Whether there is any unfair trade practice or deficiency in service on the part of opposite party in transaction with complainant?
- Whether the complainant is entitled for relief?
- If so what is the relief?
The case of the complainant is that complainant was returned from gulf and insearch of a job. In the meanwhile he saw an advertisement of Opposite party who is supplying cleaning materials of good quality.As a response to the advertisement the complainant contacted Opposite partythrough telephone and enquired about price quality and marketability and other details of the products. When the complainant demanded for the catalogue of the materials and order form, theOpposite party insisted him to send an amount of Rs 50,000/ to them. Instead of sending the order booking form the Opposite party send the materials through VRL courier and the same was delivered to the complainant. Complainant paid the courier charge of Rs. 7000/-. The consignment contained damaged materials of low quality products. It cannot be sold in the local market . The complainant send back the consignment to opposite party. the Opposite party levied Rs. 7000/- as courier charges from the complainant. Instead of making refund of Rs 50.000/ to the complainant the Opposite party again send damaged and low quality cleaning materials. While sending the second consignment the Opposite party deducted Rs. 6000/- as transportation charge and Rs. 600/- as the la charges again Rs. 3000/- against breakage of goods. When the complainant informed Opposite party that products send by him are not saleble in his locality and demanded for refund of the amount they are not ready to refund the deposit . The products shown in the advertisement are entirely different from the product delivered. So the complainant alleges that the act of Opposite party amounts to unfair trade practice and deficiency is service and thereby the complainant has undergone financial loss and mental agony. Ext A1 is the invoice receipt dated 21/11/2022, Ext A2 is the invoice receipt dated 12/11/2022, Ext A3 is copy of the bank receipt issued to Opposite party Dt: 10/11/2022 , Ext A4 is receipt issued by VRL logistics Dt: 21/11/2022, Ext A5 is the tax invoice Dt 12/11/2022 Ext A6 is the tax invoice o2/12/2022 Ext A7 is the consignment copy issued by VRL Logistics Dt:24/1/2022 and Ext a8 is the receipt issued by the VRL logistics.
We carefully gone through the affidavit and documents produced by the complainant. The Opposite party has not made any steps to disprove the case of the complainant, except filing version. Ext A1 to A8 proves the transaction between the complainant and Opposite party. When the complainant demanded for the order form and catalogue the Opposite party send the products amounts to unfair trade practice and cheating. Thereafter also when the complainant demanded for the refund of the amount the Opposite party again send four bags of cleaning materials is an illegal act for which complainant is not bound to suffer loss or agony. In the absence of rebuttal evidence there is serious unfair trade practice and deficiency in service on the part of Opposite party and the complainant is suffered heavy loss and mental agony due to the act of Opposite party. Hence the complainant is liable to get compensation from the Opposite party.
While considering the quantum of compensation the prayer of the complainant is to refund the amount of Rs. 50000/- with in 18% per interest per annum along with compensation of Rs. 1 lakh and courier charges. Considering the facts and circumstances of this case we are off the view that an amount of Rs. 50,000/- is a reasonable compensation in this case with refund of the amount of Rs. 50,000 with 9% interest from the date of complaint till disbursement with courier charges and cost,
In the result complaint is allowed directing Opposite party to refund Rs. 50,000/- (Rupees Fifty thousand only) with 9% interest from the date of complaint till disbursement along with 50,000/- (Rupees fifty thousand only) as compensation with courier charges of Rs. 13,000 /- (Rupees Thirteen thousand only) and cost of Rs. 5000/- (Rupees Five thousand only) to the complainant within in 30 days from the receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 & A2 - Invoice receipt
A3- Copy of receipt issued by OP
A4- Receipt issued by VRL logistics
A5 &A6- Tax invoice
A7- Receipt issued by VRL logistics
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
