Complaint filed on: 11-10-2023
Disposed on: 05/01/2024
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 5th DAY OF JANUARY 2024
:PRESENT:
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LL.B.(Spl)., LADY MEMBER
Consumer Complaint No. 143/2023
Smt. Savitha W/o H.C.Mahesh,
A/a 42 years, R/o Mallasandra,
Kasaba Hobli, Tumakuru Taluk,
Tumakuru, Karnataka.
(By Sri. C.P.Sundaresh, Advocate)
V/s
Shri. Abdul Subhan, Proprietor of A.M.Tiles,
Opposite Dana palace, Veerasagara Main Road,
Melekote Ring Road, Tumkur – 5472 101.
Karnataka.
(Served – absent)
:O R D E R:
BY SMT.NIVEDITA RAVISH – LADY MEMBER
This complaint is filed by the complainant U/s 35 of Consumer Protection Act, 2019 against the Opposite Party [hereinafter called as OP] to direct the OP to pay a sum of Rs.9,1168-00 with interest at the rate of 12% p.a. along with Rs.1,00,000/- towards compensation.
2. It is the case of the complainant that the OP being a wholesale dealer for all kind of wall and floor tiles and sanitary items offered the complainant to supply premium – 1 quality floor tiles to complainant’s newly constructed house for a total sum of Rs.91,168-00 and received a sum of Rs.10,000-00 advance through phone pay dated:18.12.2022 and agreed to deliver/supply the said goods to complainants’ site. But on 15.12.2022 by receiving cash of remaining amount of Rs.81,168-00, the OP has sent a bill through mobile assuring that the original bill will be sent with goods and to receive the same from delivery boy and made attempts/efforts to supply different items/goods instead of said goods as agreed to the complainant. When the complainant refused to receive the same goods, the OP took back the same with an assurance to supply the agreed item within day. On so many approaches, the OP has not supply the goods which are agreed to the complainant. Though the complainant got issued legal notice on 21.12.2022, the OP has not refunded the paid amount or supplied the original goods as selected by the complainant. Hence, this complaint.
3. After service of notice from this Commission, the OP has not appeared before this Commission and remained absent.
4. The complainant has filed her affidavit evidence with 08 documents which are marked at Ex.P1 to P8.
5. We have heard the arguments of complainant’s counsel. On perusal of copy of complaint, affidavit and documents filed by the complainant, the points that would arise for determination as follows;
- Whether complainant proves the deficiency of service on the part of OPs?
- Is complainant entitled to the relief sought for?
- Our findings on the aforesaid points are as under:
Point No.1: Affirmative
Point No.2: Partly Affirmative, as per the final order
for the following;
:REASONS:
7. Point No.1 and 2:- Counsel for the complainant has argued that the OP has offered the complainant to supply premium quality floor tiles to complainant’s newly constructed house for a total sum of Rs.91,168/- and received a sum of Rs.10,000/- in advance through phone pay dated:18.12.2022 and agreed to delivery/supply the said goods to the complainant’s site. Ex.P1/ quotation issued by the OP reveals that the OP has received Rs.10,000/- from the complainant on 09.12.2022. Further, Ex.P2/copy of the photo of selected tiles by the complainant is reflecting that the complainant has selected Premium-1 quality floor tiles. The OP has not appeared before this Commission to disprove the same. Further, counsel for the complainant has argued that on 15.12.2022 the complainant has paid Rs.81,168-00 in cash to the OP and for that the OP has send bill through mobile and assured that the original bill will be sent with goods. To prove the same, the complainant has produced Ex.P3, but in which it is reflecting that Ex.P3 is the only quotation, wherein it is mentioned that total bill amount is for Rs.91,168/- and paid amount in advance is Rs.10,000/- and balance amount is Rs.81,168/-. The complainant has not placed any documents or evidence to show that she has paid Rs.81,168/- to the OP. Hence, we have considered that the OP has received only Rs.10,000/- from complainant in advance. Further, counsel for the complainant has argued that the OP has made attempts/efforts to supply different goods/items instead of selected goods as agreed to the complainant. Though after complainant got issued Ex.P4/legal notice on 21.12.2022 the OP has not replied for the same and this act of the OP establishes that he has attempted to supply the goods/items which are not selected by the complainant and this act of the OP amounts to deficiency in service and unfair trade practice on the part of the OP.
8. The complainant has prayed for Rs.1,00,000/- for compensation. But the complainant has not produced any document to show that she has eligible for the compensation of Rs.1,00,000/-. But considering the mental agony caused to the complainant and deficiency in service on the part of OP, the OP is liable to pay Rs.5,000/- as compensation to the complainant. Further, the complainant prayed for interest @ 12% PA on the paid amount to the OP which is on the higher side. Hence, the OP is liable to pay interest @ 8% p.a. on Rs.10,000/- from the date when the OP received Rs.10,000/- from the complainant i.e. 09.12.2022. Further, the OP has compelled the complainant to approach this Commission. Hence, the OP is liable to pay litigation cost of Rs.5,000/- to the complainant. Accordingly, we pass the following:-
:ORDER:
The complaint filed by the complainant is allowed in part with cost.
It is directed that the OP shall refund Rs.10,000-00 along with interest @ 8% PA from 09.12.2022 to till realization to the complainant.
It is further directed that the OP shall pay a sum of Rs.5,000/- towards litigation cost and Rs.5,000/- towards compensation to the complainant.
Further, it is also directed that the OP shall comply the above order within 45 from the date of receipt/knowledge of the above order.
Furnish copy of this order to both parties at free of costs.
