DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 48 of 14.2.2020

                                      Decided on: 8.10.2024

M/s Bricks Industries, Plot No.89,90 Khalsa Colony, Village Seona, District Patiala through Prop. Bimla Singla wife of Satpal Singh through attorney holder Kapil Singla son of Sh.Satpal Singla, resident of House No.88, Hem Bagh, Kheri Gujjran Road, Patiala.                                               …………...Complainant

                                      Versus

Leader Machine Tools, G.T.Road, Batala through its Prop./Manager/Authorized

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      Sh.Inderpal Singh, counsel for complainant.

                                      Opposite party ex-parte.                                     

 ORDER

                                      PUSHVINDER SINGH, PRESIDENT

1. The instant complaint is filed by M/s Bricks Industries through Prop. Bimla Singla wife of Satpal Singla through attorney holder Kapil Singla S/o Satpal Singla       (hereinafter referred to as the complainant) against Leader Machine Tools (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. It is averred in the complaint that complainant is running the firm M/s Bricks Industries and for the purpose of preparing of the bricks complainant purchased concrete mixer machine alongwith motor from the OP vide invoice No.LMT2019-65 dated 3.8.2019 and paid Rs.25960/- through cheque and Rs.11500/- in cash to the OP. The OP promised the complainant that the machine will be delivered within 3-4 days but the OP failed to do so. Thereafter, complainant sent legal notice dated 21.9.2019 to the OP with the request to either refund the amount or to deliver the machine but the OP did not respond to the same. It is averred that there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint with the prayer to accept the same by giving directions to the OP either to make the payment of Rs.25960/- + Rs.11,500/- alongwith interest or to deliver the said concrete mixer machine alongwith motor; to pay compensation of Rs.one lac on account of mental agony, tension, harassment and humiliation and also to pay Rs.25000/-as costs of litigation.
3. Notice of the complaint was given to the OP through registered post but the same was received back with the report of refusal. Again notice of the complaint was issued to the OP through publication in Daily Chardikala, Patiala on 27.3.2021 but even then OP failed to appear and was accordingly proceeded against ex-parte.
4. In exparte evidence ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C5 and closed the evidence.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. The complainant is running the firm in the name of M/s Bricks Industries and is manufacturing bricks. The complainant purchased concrete mixer machine alongwith motor .Complainant paid Rs.11500/- in cash and Rs.25960/- by way of cheque. OP promised to deliver the machine within 3-4 days after receipt of payment but when after 3-4 days complainant contacted OP to deliver the above  said machine alongwith motor then OP again assured to deliver the machine soon but thereafter did not deliver the machine inspite of repeated requests of complainant. A legal notice was also served on 21.9.2019 upon the OP with the requests to either refund the amount or to deliver the machine but the OP has failed to return the money or deliver the machine.
7. The OP did not come present to contest this complaint and preferred to remain exparte.
8. In evidence complainant furnished affidavit and the receipt and tax invoice as Exs.C1 and C2, legal notice as Ex.C3, postal receipt,Ex.C4 and power of attorney as Ex.C5.
9. The complainant has alleged that he paid sum of Rs.11500/- in cash but there is no document to prove the said payment. The receipt Ex.C1 is only for Rs.25960/-.The evidence lead by the complainant is un rebutted on the file and accordingly we find that the complainant is entitled to recover Rs.25960/- from the OP .As the OP has used the money of complainant and debarred him from using his own money then certainly the OP is liable to pay interest upon the above said amount and in our opinion 8% interest shall be a reasonable rate of interest. The OP did not make the payment nor delivered the machine to the complainant. Even after serving of legal notice the OP failed to respond and the complainant was compelled to file the present complaint. As such complainant is entitled to recover compensation for physical mental harassment and for litigation expenses
10. In view of our aforesaid discussion complaint is allowed partly ex-parte and the OP is directed to refund sum of Rs.25960/- alongwith interest @8% per annum from the date of receipt of this amount  i.e.3.8.2019  and also to pay composite compensation of Rs.10,000/- to the complainant, within 45 days from the date of receipt of certified copy of this order.    
11. The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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85109252238717.  

                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President