Complaint filed on: 02.01.2016

Complaint Disposed on:10.02.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.2/2016

DATED THIS THE 10^th DAY OF FEBRUARY 2017

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

Sri.Venkata Shivaiah R,

S/o Venkata Ramaiah,

Aged about 47 years,

Ravi Plantations,

Siruvase Post,

Chikmagalur.

(By Sri/Smt. I.S Thejasvini, Advocate)

V/s

OPPONENT:

The Proprietor,

CAFEX Industries,

Opp. St. Joseph Court,

B.M Building, Prabhu Street,

Chikmagalur.

(OP-1 - By Sri/Smt. T.C Shivashankar., Advocate)

By Hon’ble Member Smt.B.U Geetha,

:O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in non-supply of pulping and washing machine to the complainant. Hence, prays for direction against OP to repay an advance money of Rs.1,30,000/- and damages for deficiency in service.

2.     The brief facts of the complaint is that:

The complainant is a coffee planter, Op is the manufacturer of coffee pulper washing machine, huller power sprayer, curing machineries since 1926. The complainant on 20.06.2015 had approached the Op for the supply of Suryan model no.3 pulp coffee washing machine, for that the Op had a quotation for sum of Rs.1,62,470/- for the supply and fitting of the machine, the complainant on the same day had paid an advance of Rs.1,00,000/- through cheque of DCC Bank, Chikmagalur, bearing no.216616 and placed an order. The Op at the time of advance had promised to supply of the said machine in the first week of the November 2015, so as to facilitate coffee picking and pulping of the estate of the complainant. Later on at the request of the Op no.1 the complainant had paid a sum of Rs.30,000/- through cheque on 23.09.2015 which the Op had encashed and at the time of receiving further advance, the Op had promised that he will supply all the said machine before picking season starts.

After that Op had not supplied the said washing machine to the complainant after repeated requests by the complainant. The Op kept on postponing the supply of the said machineries by giving one or other reasons. The complainant personally had visited the Op industry, wherein the Op had not yet finished half work of the said manufacturing of the machine, for that, complainant brought to the notice of the Op that, picking had started in first week of November and he requires the machines before completion of picking season. The Op had promised to supply the machine within one week, but he fails to do so. The complainant had informed through notice to the Op that, he had completed all the majority of the picking and its processing as the Op had not supplied the machine, the complainant had to get his coffee fruits pulped and washed in a hired machine, for which he had to pay huge amount, by which he had sustained loss. Hence, the complainant got issued a legal notice through RPAD to Op on 09.12.2015, calling upon the Op to supply machines. Notice served on Op, but not yet replied or supplied any machine. Due to non supply of machine, complainant had incurred huge expenses, manual labour, etc., hence, the complainant filed this complaint and prays for direction against Op to repay the advance amount of Rs.1,30,000/- along with damages.

3. Notice issued by this forum against Op was duly served and he has appeared through his counsel and filed his version. In his version, he admits that, the complainant had placed an order for manufacture of coffee washing machine for sum of Rs.1,62,470/-. For that Op received an advance of Rs.1,30,000/- (from two cheques) and complainant had undertaken to pay the balance of sale consideration while delivery of the said machine. He contended that this Op had not supplied the machine, postponing the supply of the machine, he further contended that, the machine was ready for delivery and installation well within the time, but the complainant has not come forward to take delivery of the machine by paying balance of sale consideration. Since, the complainant has not paid the balance amount, this Op could not supply the machine. Even today the machine is ready to dispatch, since the complainant has not taken the delivery of the machinery, since he is suffering from financial loss. Suppressing this fact, the complainant filed this complaint on frivolous grounds. Even before the receipt of the legal notice Op has contacted the complainant number of times with request to take delivery of the machinery by paying balance of sale consideration. On receipt of legal notice also, this Op has contacted the complainant to take delivery of the machinery by paying the balance of cost of machinery and Op further states that, all the averments made in the complaint hereby denied as false and incorrect. Hence, it is prayed that this Hon’ble court be pleased to dismiss the complaint with cost.

4. The complainant filed affidavit and marked the documents as Ex.P1 to P5 and OP also filed affidavit and no document marked.

5.     Heard the arguments:

6.     In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is unfair trade practice in not supplying of coffee pulping machine to the complainant?
2. Whether complainant entitled for any relief & what Order?

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

1. Point No.1: Affirmative.  
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8.  On going through the pleadings, affidavits, documents and the complaint, we observed that, as per Ex.P.1 it is clear that Op had issued a quotation for sum of Rs.1,62,470/-. Op also admitted the same fact that complainant has placed an order for the manufacture of above said machine. There is no dispute regarding this. As per Ex.P.3 the complainant had paid on 20.06.2015 an advance of Rs.1,00,000/- through cheque bearing no.216616. It is also admitted by the Op that, he had received an advance of Rs.1,00,000/-. As per Ex.P.2 complainant had paid further Rs.30,000/- through cheque on 23.09.2015 bearing no.228100 to the Op. It is also admitted by the Op. Total Op had received Rs.1,30,000/- from the complainant as an advance money. The complainant further produced office copy of the legal notice dated 09.12.2015 for the non supply of machine which is marked as Ex.P.4, in that notice complainant clearly informed Op that he does not require washing machine as he had almost completed his picking, called upon to return of Rs.1,30,000/- which has been received by Op as an advance money within 15 days with interest and also for damages. The legal notice was duly served on Op which marked as Ex.P.5, but Op neither replied the legal noticed nor complied with the terms of the notice. Op submitted in that machine was ready for delivery, but complainant has not come forward to take delivery of the same by paying balance of sale consideration. We observed that if Op is ready to dispatch the machine to the complainant, he would have produce any document regarding correspondence with the complainant about the dispatch of the coffee pulping machine. But he has not produced any such document with that effect. We also noticed that the learned advocate for complainant vehemently argued that Op had not delivered the coffee washing machine well within the time i.e., 1^st week of November and complainant booked the said product for the particular purpose, hence, he submits a deficiency in service, of course we agree that the product was not delivered by Op for the purpose intended by complainant. Due to the non-supply of the machine the complainant had incurred huge expenses for pulping of the coffee seeds and washing and also suffered mental agony and financial loss even after the payment of Rs.1,30,000/- as an advance. Hence, it is clear case of unfair trade practice on the part of Op. Hence, Op is liable to repay the advance amount of Rs.1,30,000/- along with compensation of Rs.15,000/- for unfair trade practice for non-supply of machine even receiving advance amount of Rs.1,30,000/- from the complainant and litigation expenses of Rs.2,000/-. As such for the above said reasons, we answer the above point no.1 and 2 in the affirmative and proceed to pass the following:-    

: O R D E R :

1. Op is directed to repay the advance amount of Rs.1,30,000/- along with compensation of Rs.15,000/- for unfair trade practice and Rs.2,000/- of litigation expenses to the complainant within one month from the date of receipt of this order, failing which 9% interest will be charged till the realization of the said amount.
2. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 10^th day of February 2017).

                                 (RAVISHANKAR)

                                      President

(B.U.GEETHA)                                         (H. MANJULA) 

     Member                                                    Member   

ANNEXURES

Documents produced on behalf of the complainant:

Ex. P1               -           Cash paid receipt dt:20.06.2015 issued by OP for Rs.1,62,470/-

Ex.P2                -           Receipt issued by Op company dt:23.09.2015 for Rs.30,000/-

Ex.P3                -           Copy of the receipt issued by Op towards payment of Rs.1,00,000/

Ex.P4                -           Office copy of the legal notice

Ex.P5                -           Postal acknowledgement due

Documents produced on behalf of the OPs:

NIL

Dated:10.02.2017                         Member

                                         District Consumer Forum,

                                                  Chikmagalur.