Date of Filling     :  26.03.2015.

                                                                                           Date of Disposal :  14.06.2016.

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.

PRESENT:  THIRU. S.  PANDIAN, B.Sc., L.L.M.,              …    PRESIDENT

                    TMT. S.  SUJATHA, B.Sc.,                           …    MEMBER - I

Consumer Complaint no.25/2015

(Dated this Tuesday the 14^th day of June 2016)

Mr. S. Dhanapal,

S/o. Mr. Subramani,

No.20, Indhira Gandhi Nagar,

Kannigapuram,

Tiruttani Town and Taluk,

Thiruvallur District.                                                                      … Complainant.

                                                          / Versus /

Mr. Silambarasan,

The Managing Director,

S.R. Enterprises,

No.09A, SIDCO Industrial Estate,

Thiruvallur - 602 003.                                     … Opposite party.

This complaint is coming upon before us finally on 07.06.2016 in the presence of Thiru. A.R. Poovannan, Counsel for the Complainant and the  opposite party is Set Ex-parte for non appearance and for non filing of Written Version and upon hearing arguments, having perused the documents and evidences of the Complainant,  this Forum delivered the following,

ORDER

PRONOUNCED BY THIRU. S.  PANDIAN, PRESIDENT

This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the opposite party for seeking direction to replace the old and damaged machine with a brand new paper cup making machine and to direct the opposite party to pay a sum of Rs.4,80,000/- towards loss of income with interest @ Rs.20,000/- per month and to pay a sum of Rs.2,00,000/- towards compensation for mental agony suffered by the complainant with cost Rs.5,000/-.

1.      The brief averments of the complaint as follows:-

The complainant is an unemployed graduate and intended to do business on his own for his livelihood.The opposite party is dealing with machineries for preparing paper cups and so on.The complainant attracted on the advertisement, approached the opposite party for doing the business and also undergone the training programme conducted by the opposite party.

7.    At this juncture, the point for consideration before this Forum is:-

1. Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?

2. To what other reliefs, the complainant is entitled to?

9. Point  no.1:-

According to the case, on seeing the advertisement, the complainant has joined in the opposite party’s coaching programme and undergone training in Paper Allied Products and obtained Certificate to that effect which is marked as Ex.A1.  Then the complainant had applied for loan through the District Industries Center under UTEGP Scheme in the year 2012 - 2013 for establishing paper cup manufacturing business at Thiruthani locality along with the quotation, Ex.A2 issued by the opposite party, the project report is marked as Ex.A3 and the application submitted by the complainant under UYEGP Scheme is marked as Ex.A4.  In this connection, letter by the General Manager, District of the Department of the Industries and Commerce, Government of Tamil Nadu is marked as Ex.A5 and the proceedings is marked as Ex.A6.  The Demand Draft of for Rs.4,99,800/- was issued to the opposite party by the Indian Overseas Bank as per the order of the Ex.A5 along with the letter of the Senior Manager, Indian Overseas Bank, dated 05.04.2013  is marked as Ex.A8.  The receipt of the same by the opposite party is marked as Ex.A9.

10.     It is further learnt that though the complainant has made all arrangements and got sanctioned loan for the sum of Rs.4,99,800/- for the above said paper cup manufacturing business and after receipt of the above sum, the opposite party had taken a long period of more than one year for the supply of the machine and that too on repeated demand only.  The opposite party delivered the above said machine during May 2014.  But the said machine got repaired even before the warranty period for which the opposite party assured to replace it with a new one by exchanging the repaired machine.  On believing the words of the opposite party, the complainant had spent a huge amount for the maintenance and repair and even then after sometime, the machine has lost its capacity and it became useless.  Therefore, the complainant has incurred heavy loss.  It is further learnt that the complainant informed about the status and the condition of the machine the opposite party  evaded from all sorts of the complainant’s demand and therefore, the complainant could not pay the instalment due to the Bank in time and therefore, the Indian Overseas Bank had issued Ex.A10, notice to the complainant. 

11.     The act of the opposite party amounts to deficiency in service and caused mental agony and heavy loss and hence the complainant had issued a legal notice which is marked as Ex.A11 and the cover returned with the endorsement as ‘left’ which is marked as Ex.A12.  It is further stated by the complainant that the act of the opposite party is totally spoiled his future livelihood and incurred heavy loss by investing huge amount by means loan  from his friends, relatives and also from the Bank and therefore, he has come forward this complaint.

12.     At this point of time, it is pertinent to note that after filing of this complaint before this Forum, inspite of coersive steps taken by the complainant i.e. by issuing notice initially through RPAD and the same was returned as left and then it has been sent through E-mail and the same was received by the opposite party on 26.03.2016 and  eventhough sufficient opportunities and time given to the opposite party, he has failed to appear before this Forum and therefore, he was set Exparte.

13.     At the outset, on careful perusal of the proof affidavit filed by the complainant and from the relevant documents, it is crystal clear that the complainant has proved the allegations made in the complaint against the opposite party without any doubt.  Further, it is clearly enlightened the attitude of the opposite party which amounts to deficiency in service on the part of the opposite party which certainly caused mental agony and hardship to the complainant.  Such being so, there is no contra evidence found available to the evidence of the complainant.  Therefore, this Forum can easily be drawn an adverse inference against the opposite party.  Thus point no.1 is answered accordingly.

14.     Point no.2:-

          In view of the decision arrived in point no.1, the complainant is entitled for the relief of replacement of old machine with a new machine with reasonable compensation and cost.  At the same time, regarding the loss of income as prayed in the complaint, the complainant has not produced any document to show that in what way he had incurred the loss and how much of amount of loss he had met by what means and therefore, the complainant is not entitled for the loss of income as prayed in the complaint.  Thus, point no.2 is answered accordingly.

15.     In the result, this complaint is allowed in part.  Accordingly, the opposite party is directed to replace the old and damaged machine with a brand new paper cup making machine within a month, failing which, the opposite party is directed to pay the cost price of the said machine and also to pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards compensation for causing mental agony and hardship due to the deficiency in service on the part of the opposite party with cost Rs.5,000/- (Rupees five thousand only) to the complainant.   Regarding other reliefs, this complaint is dismissed.

The above amounts shall be payable within one month from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9.5% till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Forum on this 14^th June 2016.

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MEMBER - I                                                                             PRESIDENT

List of documents filed by the complainant:-

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MEMBER - I                                                                             PRESIDENT