D.O.F:29/08/2022

                                                                                                         D.O.O:20/01/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD

        CC.No.205/2022

Dated this, the 20^th day of January 2023

PRESENT:

SRI.KRISHNAN.K                        :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

1. Noushad.M

Chettumkuzhi House,

Hidayath Nagar PO,

Kasaragod,- 671 123

: Complainants

2. Hyder Ali .M.C,

Shajahan Manzil,

Chettumkuzhi

Hidayath Nagar PO,

Kasaragod,- 671 123

                                    And

1. Varun Gupta

M.G.Overseas, Nagla Bhau

Opp.H.P.Petrol Pump,

Industrial Estate,

Firozabad

Uttar Pradesh- 283203: Opposite Parties

2. Supriya,

M.G.Overseas, Nagla Bhau

Opp.H.P.Petrol Pump,

Industrial Estate,

Forizabad

Uttar Pradesh- 283203

ORDER

SMT.BEENA.K.G  : MEMBER

            The complainants are alleging unfair trade practice and deficiency in service on the part of opposite parties for non-delivery of the ordered items of bottle caps after receiving the entire money of Rs.1,51,550/-. The brief facts are as follows:-

            The complainants are business partners and they were in need of bottle caps for their business.  The complainants contacted ‘Devansh’ of ‘Shop Guru Company’ for bottle caps.  Asper the direction of Devansh, the Complainant contacted opposite parties.  The opposite parties agreed to send required number of bottle caps within 14 days but they demanded an order for at least50,000 pieces.  When the complainants made enquiry for the total price of bottle caps the opposite parties are unable to answer. They told that the amount will be informed only after sample work and demanded an advance amount of Rs.10,000/-.  The complainant sent Rs.10,000/- on 04/07/2022.  On 12/07/2022 the opposite parties informed the rate of price of bottle cap is Rs.2.45/- per piece and total amount is Rs.1,44,550/- including GST and sample charge.  As per the direction of opposite parties the complainant sent Rs.1,51,550/- to opposite parties through bank account of the complainant.  After receiving the entire amount opposite parties lagged the sending of ordered items by saying one or other pretex.  On 01/08/2022 opposite parties informed that they will send the items through safe xpress and delivery charge should be sent to the opposite parties.  The opposite parties further demanded transport charge of Rs.20,246/-.  The complainant suspected the intention of opposite parties when on 05/08/2022 opposite parties informed the complainants that they cannot send the items through safexpress.  Thereafter, so far the opposite parties neither send the ordered items nor refunded the cash received from the complainants.  Due to the unfair trade practice and deficiency in service on the part of opposite parties complainants undergone severe mental agony and huge loss.  The complainants claim for refund of the amount with compensation and cost from opposite parties.

            Notice of opposite parties returned as refused, name called, absent set exparte.

      The complainant filed proof affidavit in lieu of chief examination.  Documents produced are marked as Ext.A1 to A4.  Ext.A1 is the copy of statement of Bank of Baroda, Ext.A2 is the copy of Whatsapp messages, Ext.A3 is the CD, and Ext.A4 is the copy of Whatsapp conversation between the complainant and office of safexpress.

Heard the complainant, the issues raised for consideration are:-

1. Whether there is deficiency in service / unfair trade practice on the part of opposite parties?
2. If so what is the relief?

In this case complainants made order for bottle caps with opposite parties, they agreed to deliver the same only on condition that the required number of bottle caps to be more than 50,000 pieces.  The complainants agreed for the same.  The total price including GST and sample charge was fixed as Rs.1,51,550/-.  As per the direction of opposite parties the complainants transferred the amount to the account of opposite parties.  After receiving the entire amount opposite parties delayed the delivery of the bottle caps by saying flimsy reasons is a clear deficiency in service and unfair trade practice.  In the absence of contra evidence the complainant is entitled to get the ordered items or refund of the entire amount with compensation and cost.  Considering the circumstances of this case and in the absence of rebuttal evidence, we are of the view that a direction to opposite parties to refund the total amount with compensation and cost is a reasonable remedy in this case. 

In the result complaint is allowed directing opposite parties to refund Rs.1,51,550/- (Rupees One Lakh Fifty One Thousand Five Hundred and Fifty only) with a compensation of Rs.50,000/- (Rupees fifty Thousand only) along with a cost of Rs.5,000/-(Rupees Five Thousand only)within 30 days from the date of this judgment. 

    Sd/-                                                               Sd/-                                Sd/-                        

MEMBER                                                      MEMBER                              PRESIDENT

Exhibit

A1 series: Statement of Bank account

A2: Copy of Whatsapp messages

A3: CD

A4: Copy of Whatsapp messages

     Sd/-                                                                Sd/-                                          Sd/-

MEMBER                                                      MEMBER                              PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/