Karnataka

Chitradurga

CC/88/2017

DR.Sri.P.Umamaheshwarappa - Complainant(s)

Versus

THE Proprietor and Authorised Signatory,Sri.Durga Pipe and Electrical Center - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

21 Dec 2017

ORDER

COMPLAINT FILED ON:04/09/2017

DISPOSED      ON:21/12/2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 88/2017

 

DATED: 21^st DECEMBER 2017

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B.,   

……COMPLAINANT/S	Dr. P. Umamaheshwarappa, S/o Late Puttanaik, Age: 43 Years, Sevalal Sadana, Behind Market Yard, Vedavathi Nagar, Hiriyur town, Chitradurga.   (Rep by Sri.C.J. Lakshminarasimha, Advocate)
V/S
…..OPPOSITE PARTY	The Proprietor and Authorized Signatory, Sri. Durga Pipe and Electrical Centre, Opp: KEB Office, 100 Feet Road, T.B. Circle, Challakere road, Hiriyur town, Chitradurga.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.3,50,000/- towards damages with interest @ 2% p.a, Rs.1,00,000/- towards mental agony, Rs.1,00,000/- towards labour charges, Rs.50,000/- towards legal notice charges in all a sum of Rs.6,00,000/- and  such other reliefs.   

2.      The brief facts of the case of the above complainant are that, he has purchased plumbing and electrical items from the OP between the periods from May-2015 to October-2015 for his newly constructed house at Hiriyur.  The OP is the proprietor and authorized signatory of Sri. Durga Pipes and Electrical Centre and running the same at Hiriyur.  The OP has assured that they will give 35% discount on the total purchase amount. On the assurance given by the OP, the complainant purchased the items nearly for Rs.3,50,000/- from the OP.  The complainant has paid the above said amount by way of cash and some amounts through cheque.  But, at the time of receiving the amount from the complainant, the OP has not given 35% discount on the total amount.  It is further submitted that, the complainant has requested the OP to give 35% discount. It is further submitted that, instead of assurance given by the OP, OP has taken full amount from the complainant and OP has charged the amount i.e, the OP has collected the amount more than the MRP value.  After verification and also after thorough enquiry in the market, he came to know that, the OP has collected double the amount of MRP from the complainant.  The OP has supplied the sub-standard items to the complainant and they are very poor quality and not genuine.  The water sink taps are very leakage and they are low standard items.  The OP has not given the original bills to the complainant for purchasing the items.  The OP has cheated the government by nonpaying requisite tax and also nonpayment of the GST, VAT tax to the Government.  The OP has cheated the customer by collecting high price and supplied substandard items and also defective items.  The OP has committed deficiency of service.  Due to the act of the OP, the complainant has faced severe and critical problems, financial loss, mental agony, sufferings, inconvenience and etc.  It is clearly apparent that, the OP is doing unfair trade practice and negligence, deficiency in service with defective service towards the customer like complainant.  The OP intentionally not supplied the VAT or TIN bills to the complainant and the OP has given unnecessariy documents to the complainant regarding purchase of the items from the OP.  The complainant has fed up with the attitude, act and intentionally since from the date of purchase of the items.  The complainant has issued legal notice to the OP through RPAD, the same has been served to the OP and the OP has given vague reply to the said notice.  Further, the complainant has requested the OP for replacement of the items supplied or return the amount which was collected by the OP but, the OP has not done so and not opted to give at least positive reply.  The cause of action for this complaint arose when the complainant has issued the legal notice and the OP has send the reply notice to the complainant and the complainant has requested the OP for replacement of the items supplied by the OP which is within the jurisdiction of this Forum and prayed for allow the complaint.

3.      After service of the notice, the OP turned absent and placed ex-parte.

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-27 were got marked and closed his side.

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

(1)  Whether the complainant proves that the OP has committed deficiency of service in supplying the defective goods and unfair trade practice and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant is the permanent resident of Hiriyur town and the OP is the dealer of pipes and other materials.  The complainant has purchased the materials from the OP in the month of May-2015 to October-2015 for the purpose of construction of new building. At the time of purchasing the same, the OP assured that, they will give 35% discount on the sale price to the complainant.  But the OP has supplied sub-standard/defective goods and they have not given original bills to him.  OP has given only white paper bills and without giving 35% discount to the complainant.  In turn, the OP has collected double the amount of the MRP value.  The complainant has requested the OP for change of the defective goods or to return the amount so-many times.  But the OP never give any responsible for the request made by the complainant.  Finally, the complainant has issued legal notice to the OP as per Ex.A-1, the same was served to the OP.  The OP has given reply to the notice issued by the complainant.  All the averments made in the legal notice are denied by the OP.  According to the reply notice, the OP has stated that, the complainant has issued cheque for Rs.50,000/- on 05.05.2017 and further the OP has not promised to give 35% discount to the complainant at any point of time.  OP has already sent the legal notice to the complainant for filing the case u/Sec.138 of N.I. Act.  According to the bills issued by the OP to the complainant those bills are marked as Ex.A-1 to A-27 all those bills shows that, they are giving bills only on a white paper, the OP has committed deficiency of service and unfair trade practice.  The OP has collected nearly Rs.3,00,000/- from the complainant for supplying of the defective goods.  It clearly goes to show that, the OP has committed deficiency of service and unfair trade practice.       

9.   We have gone through the entire documents filed by the complainant.  Those documents marked as Ex.A-1 to Ex.A-27.  It clearly goes to show that, the OP has committed deficiency of service and unfair trade practice.  All the bills given by the OP to the complainant are not the original bills, they are given only on white papers.  It clearly shows that, the OP has committed deficiency of service and cheated the complainant by supplying the sub-standard materials.  The complainant has purchased the materials from the OP, those are substandard one.  The complainant has requested the OP so many times for exchange of the defective goods or to return the money given by him and also the OP has given assurance to give 35% discount on MRP value.  But the OP has received more amount from the complainant than the MRP value.  So, it clearly shows that, the OP has committed deficiency of service and unfair trade practice.        Accordingly, this Point No.1 is held as affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.3,50,000/- towards compensation to the complainant for supplying of the defective goods and for not giving 35% discount on the total purchase amount to the complainant along with interest at the rate of 9% p.a from the date of purchasing the materials i.e., in the month of October 2015 till realization.

It is further ordered that, the OP is hereby directed to pay Rs.50,000/- towards fitting charges to the complainant. 

 It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and  Rs.5,000/- towards cost of the proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 21/12/2017 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dated 05.05.2017
02	Ex-A-2:-	Reply notice dated 28.06.2017 to the Legal Notice
03	Ex-A-3:-	Postal Acknowledgement
04	Ex.A-4, A-4(a) to Ex.A-26:-	Estimates
05	Ex.A-27:-	Photos

 

Documents marked on behalf of OP:

-NIL-

 

MEMBER                                                            PRESIDENT

Rhr**