Delhi

East Delhi

CC/366/2017

SASHI SHANKAR SINGH - Complainant(s)

Versus

YAMI ENTER. - Opp.Party(s)

27 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 366/17

 

Shri Shashi Shekhar Singh

Prop. Of Indus Traders

Room No. 17, 2^nd Floor

Plot No. ABC, Vishwakarma Colony

New Delhi – 110 044                                                   ….Complainant

Vs.    

 

Shri N.K. Sharma

Owner of Yumi Enterprises

Off.: B-15, 16, 46,

DSIDC Industrial Complex

Kalyan Puri, Delhi – 110 091                                             …Opponent

 

 

Date of Institution: 01.09.2017

Judgement Reserved on: 27.05.2019

Judgement Passed on: 29.05.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Shashi Shekhar Singh against            Shri N.K. Sharma, owner of Yumi Enterprises (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant booked two Magnetic Feeder (Swing) model no, YML-040, on mobile no. 9810861729 and was assured that the said machines will be delivered within 15-20 days.  After booking, OP issued invoice performa bearing no. 0170 dated 15.03.2017 for an amount of Rs. 53,760/- and further assured that after depositing the amount, they will deliver the machines to the complainant.  On the assurance of OP, the complainant paid the full amount of Rs. 53,760/- including 12% VAT to OP, but they did not supply the Magnetic Feeder (swing) to the complainant. 

            It was stated that after several requests, the complainant lodged a written complaint with P.S. Pul Prehladpur, New Delhi vide DD dated 16.05.2017, but all in vain. 

            It was further stated that due to the acts and activities of OP, the complainant was upset from March 2017 and got heavy irrecoverable loss of his goodwill and health and also facing financial problems which was shown the deficiency in services.  Hence, the complainant has prayed for refund of the deposited amount of Rs. 53,760/- alongwith 24% interest; compensation of Rs. 5,00,000/- on account of mental harassment for personal loss and Rs. 50,000/- towards cost of litigation.    

3.         Counsel for OP appeared, but did not file the WS and stopped appearing.  Hence, they were proceeded ex-parte.

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of bank statement (Annexure-A), copy of complaint (Annexure – B) and copy of Aadhar card (Ex.PW1/C).

5.         We have perused the written arguments filed on behalf of complainant and the evidence placed on record.  From the documents placed on record, it is evident that complainant paid an amount of            Rs. 53,760/- for Magnetic Feeder (Swing) machine which was to be supplied by Yumi Enterprises (OP).  Inspite of having received the payment, OP failed to supply the said machines.  Since the testimony of the complainant have gone unrebutted, the same has to be relied upon. 

When Yumi Enterprises (OP) have failed to supply the machines having received the payment, certainly, there has been deficiency on the part of Yumi Enterprises (OP).  Having not received the machines inspite of having made the payment, certainly, the complainant have suffered mental pain and suffering for which he has to be compensated.

In view of the above, we order that OP shall refund an amount of   Rs. 53,760/- with 9% interest from the date of having made the payment i.e. 15.03.2017.  We further order compensation for an amount of Rs. 20,000/- which includes the cost of litigation.  The awarded amount be paid within a period of 30 days from the date of receipt of order.  If not paid, the amount of compensation of Rs. 20,000/- shall also carry 9% interest from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

              Member                                                                          President