Andhra Pradesh

Chittoor-II at triputi

CC/53/2013

T.Muni Krishna S/o. T.MunaSwamy - Complainant(s)

Versus

Aee Pee Light Trading Co., (Regd) by its Authorised Signatory - Opp.Party(s)

G.Ramaiah Pillai

16 Apr 2014

ORDER

Filing Date:07.09.2013

Order Date: 16.04.2014

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

TIRUPATI

 

PRESENT: Sri.M.Anand, President (FAC),

        Smt. T.Anitha, Member

 

WEDNESDAY THE SIXTEENTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN

 

C.C.No.53/2013

 

Between

 

T.Munikrishna,

S/o. T.Munaswamy,

Hindu, aged 26 years, Un-employee,

22-6-198, Venkateswara Colony,

Karakambadi Road,

Mangalam,

Tirupati.                                                                                             … Complainant

 

And

 

1.         Aee Pee Light Trading Co. (Regd.),

            By its authorized signatory,

            D.No.126-127, Vardhamana Diamond Plaza,

            1^st Floor, Motia Khan,

            Deshbandhu Gupta Road,

            Pahar Ganj,

            New Delhi – 110 055.

 

2.         M/s. Associated Road Carriers Limited,

            By its Authorised signatory,

            13-6-615/H/4, P.K.Layout,

            Behind Srikanth Lodge,

            Tirupati – 517 501.                                                              …  Opposite parties.

 

            This complaint coming on before us for final hearing on 27.03.14 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.G.Ramaiah Pillai, counsel for the complainant and opposite party No.1 remained exparte and Sri.R.Dileepkumar, represented on behalf of opposite party No.2 - party-in-person, and having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY SRI. M.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

 

            This is a complaint filed by the complainant sought for the relief of refund of Rs.96,000/- towards cost of the Paper Plate Machine supplied to the complainant by the 1^st opposite party with interest at 12% p.a. from the date of purchase i.e. on 19.12.2011 and to pay costs of finished paper plates 8600 numbers and for compensation of Rs.1,00,000/- for loss of earnings on account of non-supply of raw material and for Rs.2,000/- towards costs. Hence the complaint. 

2. The brief averments in the complaint are that:-  The complainant studied up to intermediate, belong to schedule caste and he is an unemployee and waiting for job opportunity. While so, on 13.10.2011, the complainant gone through the local Andhra Jyoti daily newspaper dt:13.10.2011 and found the classified advertisement given by the 1^st opposite party, inspired with and immediately decided to purchase the Paper Plate Machine to eke out his livelihood by way of self-employment. Immediately, the complainant contacted the 1^st opposite party and 1^st opposite party informed to the complainant that the total cost of the Paper Plate Machine is Rs.96,000/- and asked the complainant to pay Rs.20,000/- in advance. Accordingly, the complainant paid Rs.20,000/- towards part cost of the Paper Plate Machine on 14.10.2011 through ICICI Bank, Tirupati, to account No.072205000650 of 1^st opposite party and undertook to pay the balance amount of Rs.76,000/- at the time of delivery of the machine. The complainant and the 1^st opposite party entered into an agreement on 18.10.2011 and accordingly on 19.11.2011, the complainant received the machine through VRL Logistics Limited, Tirupati, and paid Rs.49,000/- and Rs.27,000/- by way of D.D to VRL Transport. The complainant also received raw material for Rs.9,000/- along with the machine. A technician Mr.Gupta, installed the machine at Tirupati on 25.12.2011 at the residence of the complainant. As per the terms of the Memorandum of Understanding, the complainant sent finished paper plates numbering 8600 on 18.01.2012 through opposite party No.2 under consignment No.120517. On enquiry, the 2^nd opposite party informed orally that the parcel was delivered to 1^st opposite party on 11.02.2012, but the 1^st opposite party failed to send the cost of the finished goods and violated the conditions that raw material would be supplied to the complainant continuously thereafter. The very purpose purchasing the machine to eke out his livelihood was deprived of. The complainant raised funds by borrowing from others with great difficulty and as there is no raw material, he kept the machine unused. It is therefore, there is deficiency in service on the part of the 1^st opposite party and it amounts to unfair trade practice. The complainant got issued legal notice dt:04.05.2013 to the 1^st opposite party and the 1^st opposite party received the same and kept quiet. Hence the complaint. 

3.  The 1^st opposite party remained exparte and he did not contest the case.

4.  The 2^nd opposite party filed the written version admitting that the material booked by the complainant was delivered to 1^st opposite party on 11.02.2012. Except that, the 2^nd opposite party has no other evidence regarding this case.

5.  On behalf of the complainant P.W.1 filed his affidavit on evidence and Exs.A1 to A15 are marked. On behalf of the opposite parties 1 and 2, no evidence is adduced and no exhibits are marked.

6.  Heard both sides.

7.  The points that arise for consideration are:-

(i).  Whether there is any deficiency in service on the part of the 1^st opposite party?

(ii).  Whether the 1^st opposite party is doing unfair trade practice?

(iii).  Whether the complainant is entitled for the reliefs as prayed for?

(iv).  To what relief?

8.  Point Nos.(i) to (iii):-  The complainant himself examined as P.W.1 and got marked Exs.A1 to A15. Out of Exs.A1 to A15, Exs.A1 to A4 are relating to his caste, educational qualifications and employment card. There is no dispute with regard to caste, educational qualifications and employment card of the complainant and that it is not necessary to discuss and to decide Exs.A1 to A4.

According to P.W.1, he is an unemployee and waiting for employment and while so, P.W.1 gone through the classified advertisement in local Andhra Jyothi daily newspaper dt:13.10.2011 given by the 1^st opposite party i.e. Ex.A5. Immediately, P.W.1 contacted the 1^st opposite party and expressed his willingness to purchase Paper Plate Machine and requested to supply the Paper Plate Machine to eke out his livelihood. P.W.1 also paid Rs.20,000/- to 1^st opposite party through ICICI Bank, Tirupati, on 14.10.2011 as advance by undertaking that he would pay the balance amount of Rs.76,000/- on the date of delivery of the machine. On 19.11.2011, the 1^st opposite party delivered the Paper Plate Machine at the residence of P.W.1 through VRL Logistics Limited Transport Service and paid the balance amount of Rs.76,000/- by way of D.Ds for Rs.49,000/- and Rs.27,000/- respectively drawn in favour of opposite party No.1. P.W.1 also paid Rs.500/- towards freight charges on the same day. Ex.A6 is the copy of pay slip issued by the ICICI Bank, Tirupati, for Rs.20,000/-. Ex.A9 is the D.D for Rs.27,000/- and Ex.A10 is the D.D for Rs.49,000/-. Ex.A11 is the delivery cash receipt issued by VRL Logistics Limited for Rs.500/-. After delivery of Paper Plate Machine from 1^st opposite party through VRL Transport, P.W.1 informed to 1^st opposite party through Ex.A7 letter. The complainant and 1^st opposite party entered into Ex.A8 Memorandum of Understanding. Ex.A12 is the copy of consignment note issued by 2^nd opposite party for booking of 7 bundles of paper plates to 1^st opposite party. Ex.A13 is the receipt for Rs.740/- for booking parcel by the complainant with 2^nd opposite party. All the documents categorically prove the transaction took place between P.W.1 and 1^st opposite party.

P.W.1 further deposed that as per the terms of Ex.A8 Memorandum of Understanding, the 1^st opposite party has to make payment for the finished goods sent by him through 2^nd opposite party, who delivered the same to 1^st opposite party. It is further deposed that the 1^st opposite party has to supply the raw material as agreed upon by the 1^st opposite party to the complainant. The 1^st opposite party failed to supply the raw material to the complainant for about 11 months and due to which P.W.1 could not eke out his livelihood and the very purpose of purchasing the Paper Plate Machine remained unused for want of raw material and that it is nothing but unfair trade practice. The 2^nd opposite party categorically stated in his written version that he had delivered 7 bundles of paper plates to 1^st opposite party at New Delhi. P.W.1 also got issued Ex.A14 legal notice to 1^st opposite party. The 1^st opposite party received Ex.A14 and even after receipt of Ex.A14, the 1^st opposite party could not pay any amount for 7 bundles of paper plates and could not supply the raw material to the complainant. It is an admitted fact that the complainant purchased Paper Plates Machine from the 1^st opposite party only to eke out his livelihood by manufacturing paper plates with the raw material to be supplied by 1^st opposite party and the 1^st opposite party also agreed to purchase the paper plates from the complainant. If the material is not supplied by the 1^st opposite party as per the terms, it could not be possible for P.W.1 to manufacture paper plates and if the paper places are not manufactured, the purpose of purchasing paper plate machine would be defeated. P.W.1 also got marked Ex.A15 copy of website information to show that the 1^st opposite party company is fraud and 1^st opposite party is deceiving public by doing unfair trade practice. In the instant case, the 1^st opposite party played fraud on P.W.1 till he purchased paper plate machine and thereafter kept quiet without paying even the cost of 7 bundles of paper plates sent by P.W.1. Not paying atleast the cost of 7 bundles of paper plates, not supplying the raw material and not giving reply to Ex.A14 itself clearly indicates that the 1^st opposite party is doing unfair trade practice and deceiving the public and that there is deficiency in service on the part of the 1^st opposite party and that the 1^st opposite party caused mental agony to the complainant and the complainant also suffered mental agony a lot and that the 1^st opposite party is liable to return the cost of the Paper Plate Machine with interest and to pay compensation and costs of the litigation.

9.  Hence, points 1 to 3 are answered infavour of the complainant and against the 1^st opposite party.          

10.  Point No.(iv):-  In the result, the complaint is allowed and the 1^st opposite party is directed to refund Rs.96,000/- (Rupees ninety six thousands only) the cost of the paper plate machine with interest at 9% per annum from the date of complaint, till the date of realization. The 1^st opposite party is further directed to pay Rs.15,000/- (Rupees fifteen thousands only) towards compensation for the mental agony suffered by the complainant. The 1^st opposite party is further directed to pay Rs.2,000/- (Rupees two thousands only) towards costs of the litigation to the complainant. The 1^st opposite party is directed to comply the order within four weeks.

Typed to dictation by the stenographer, corrected by me and pronounced in the Open Forum this the 16^th day of April, 2014.

       Sd/-                                                                                                                 Sd/-

Lady Member                                                                                               President (FAC)

 

APPENDIX OF EVIDENCE

WITNESS EXAMINED ON BOTH SIDES

 

PW-1: T.Munikrishna (Evidence Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/S

 

Exhibits	Date		Description of Documents
Ex.A1	20.06.1998		Copy of community certificate in respect of the Complainant issued by MRO, Irala.
2	24.04.2006		Copy of Intermediate pass certificate cum Memorandum of Marks.
3	25.10.2008		Copy of Peer Education Training certificate issued by the District Secretary, IRCS, Chittoor.
4	25.07.2009		Photo Copy of  employment card with Regd. No.AP101200094487.
5.	13.10.2011		Copy of clipping in Andhra Jyothi under classified advertisement.
6	14.10.2011		Copy of pay slip issued by ICICI Bank, Tirupati for Rs.20,000/- in favour of  Opposite Party-1.
7	15.10.2011	Letter of intimation of sending the paper plate machine by Opposite Party-1 through Cargo.
8	18.10.2011	Copy of  Memorandum of Understanding between Opposite Party-1 and the Complainant.
9	19.12.2011	Copy of demand draft for Rs.27,000/- in favour of  Opposite Party-1.
10	19.12.2011	Copy of demand draft for Rs.49,000/- in favour of  Opposite Party-1.
11	19.12.2011	Delivery cash receipt issued by VRL Logistics Limited, Tirupati for Rs.500/-.
12	08.01.2012	Copy of consignment note No.120517 issued by Opposite Party-2 for booking of 7 bundles paper plates to Opposite Party-1.
13.	18.01.2012	Receipt for Rs.740/- for booking the parcel.
14.	04.05.2013	Office copy of  Legal Notice to Opposite Party-1 with postal acknowledgement.
15.		The copy of website information against Aee Pee Light Trading company Fraud, Fraud, Fraud do not do business with them.

 

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/S

 

-NIL-

 

 

                                                                                                                                                                                                           Sd/-     

President (FAC)

// TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

         Dist. Consumer Forum-II, Tirupati.

 

 

 

Copies to:-     1. The Complainant.

                        2. The opposite parties.