West Bengal

Bankura

CC/6/2021

Samadrita Agrotech Pvt. Ltd - Complainant(s)

Versus

Ms Biocoction Manufacturing Pvt Ltd - Opp.Party(s)

31 Jan 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 06/2021

Date of Filing : 24.06.2021

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant: Ld Advocate Ardhendu Sekhar Ghosh

For the O.P. Ld Advocate Sougata Chatterjee

Complainant

M/s Samadrita Agrotech Pvt. Ltd., Village- Brahmandiha, P.O.Gargaria, P.S.Sarenga, District- Bankura, Pin- 722 150

Opposite Party

M/s. Biocoction Manufacturing Pvt. Ltd., Sankalpa Apartment, 101/1/7 Jessor Road, Madhyamgram, near Yamaha Show Room, Madhyamgram, West Bengal, PIN- 700 129.

 

JUDGEMENT

Dated:31-01-2023

This is an application under Section 12 of Consumer Protection Act, 1986 filed by the Complainants against the O.P for refund of the entire advance money with interest or to deliver the instrument under contract after taking the balance amount.           

The Complainant’s case is that an order for purchase of Autoclave Vartical (190 Litres capacity) was issued on 16-10-2020 to the O.P. for Rs. 1,16,820/- including GST  and after receipt of Quotation the Complainant has paid 50% of advance money i.e. Rs.58,410/- to the O.P. as per terms and conditions of the transaction and was waiting for delivery and installation of the instrument but the O.P. without discharging their part of contract demanded on 09-11-2020 100% payment before delivery and installation of the instrument. The Complainant however did not accept such imposed terms of payment and ultimately cancelled the order on 23-03-2021. In the mean time there was an exchange of mails and return mails between the parties on this issue. The Complainant is still ready and willing to puruchase the instrument on payment of balance 50% money.

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Page: 2

The O.P. contested the case by filing a written version contending inter alia that the Complainant has violated the terms and conditions of the transaction by not complying with the payment of entire consideration money before delivery and installation of the instrument. The O.P. is also ready and willing to deliver and install the instrument after receipt of the balance consideration money.

Both parties filed affidavit-in-chief .

Brief notes of argument have been filed on behalf of the O.P. Ld advocate for the O.P. raised some common technical points which are not however relevant for our purpose.

At the time of hearing Ld. Advocate appearing for the O.P. has candidly submitted before the Commission that the dispute could have been resolved amicably on mediation. Ld advocate for the complainant also endorsed this view.

According to the Complainant the terms and conditions is payment of 50% advance money at the time of placing order and the rest 50% at the time of delivery and installation of the instrument. But the O.P. did not deliver the instrument on such term of payment demanding 100% payment before delivery and installation.

On perusal of the terms and conditions of the transaction contained in the Quotation issued by the O.P. it is clearly stipulated that “50% advance and rest before dispatch” but the purchase order issued on behalf of the Complainant stipulates 50% in advance payment and the rest 50% on completion of installation with satisfactory demonstration of performance/specification.

So the bone of contention between the parties is which of the mode of payment is to be accepted for the purpose of this case. Strictly speaking, so far consumer right is concerned buyer’s interest should be protected ignoring the escalation of price and other charges. Over is transaction though the bitterness has developed between the parties but business relationship has not yet been snapped.

For fair determination of the case the Commission should honour mutual willingness, offer and acceptance to the transaction. Ld. Advocates on both sides and the respective parties in their usual fairness and gesture are ready and willing on principle to accept the order of the Commission for successful completion of the transaction.

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With this observation the case is disposed of by directing the O.P. to deliver and install the instrument under contract to the complainant within a fortnight subject to spot payment of balance 50% money after delivery, installation, physical examination and demonstration of the performance of the instrument in presence of both parties. If for any reason the instrument could not be delivered and installed in due time the O.P. will bound to return to the Complainant advance payment of Rs.58,410/- immediately.

Both parties be supplied copy of this judgement free of cost.

 

 

____________________                           _________________                     _________________

HON’BLE   PRESIDENT                     HON’BLE MEMBER                 HON’BLE MEMBER