Date of filing: 06.12.2017 Date of Order : 14.06.2018
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
THURSDAY THE 14th DAY OF JUNE, 2018
CONSUMER COMPLAINT No. 96 / 2017
Koneti Venkata Ramana, S/o Venkatesh,
aged about 35 years,
working as Pvt. School Teacher,
D.No. 9/105-32-5, Parvathi Nagar,
Mydukur – 516 172,
Kadapa District. ….Complainant.
Vs.
- P. Sai, The Manager,
Vignesh Agencies, Opp. High School,
Air port Road, Gadala, Rajamundry,
East Godavari Dist.
- Pachi Golla Diwakar,
Proprietor and partners, Vignesh Agencies,
Opp. High School, Gadala, Rajamundry,
East Godavari Dist.
- P. Sekhar, Proprietor and partner,
Vignesh Agencies, Opp. High School,
Gadala, Rajamundry, East Godavari Dist.
- P. Vinayak (Ravi),
Proprietor and partner, Vignesh Agencies,
Opp. High School, Gadala, Rajamundry,
East Godavari Dist. ….. Opposite parties.
This complaint coming for final hearing on 13-6-2018 in the presence of complainant appeared as in person and Opposite party No.1 called absent and set exparte on 09.01.2018 and Opposite parties 1, 3 & 4 called absent and set exparte on 12.4.2018, and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Sri V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties to pay Rs. 28,000/- towards “L” bend pipes manufacturing machine cost, to pay Rs. 5,000/- towards cost of “L” bend pipes, Rs. 2,000/- towards material cost totaling Rs. 35,000/- with interest @ 24% p.a. to pay Rs. 20,000/- towards causing inconvenience and Rs. 5,000/- towards costs of the complaint.
2. The brief averments of the complaint are as follows:-
The Complainant was attracted by the advertisement given by the opposite parties 1 to 4 about “L” bend pipes manufacturing machine to get income. Then the Complainant purchased machine for Rs. 28,000/- from Opposite parties 1 to 4 by paying Rs. 10,000/- on 27-8-2015 and the remaining amount of Rs. 18,000/- on 7-8-2015 by paying total Rs. 28,000/-.
3. Opposite parties 1 to 4 told that they would supply raw material on free of cost to manufacturer “L” bend pipes and they would purchase the material produced by the Complainant. Opposite parties gave warranty for 5 years for the machine. In the first instance the Complainant manufactured 2000 plastic “L” bend pipes and the same was supplied to the Opposite parties and the Opposite parties received the same and supplied raw material for the cost of pipes worth of Rs. 4,000/- to the Complainant. The Complainant again manufactured 2500 “L” bend pipes which is worth of Rs. 5,000/-, but the Opposite parties did not respond to receive “L” bend pipes so the same is in the custody of Complainant. The machine also gave problems i.e. causing shock, and motor problem etc., The Complainant informed the same to the Opposite parties but the Opposite parties did not respond and repaired though there is warranty period. Opposite parties also did not supply the material. The Complainant went to Rajahmundy office of the Opposite parties and asked the Manager and partners in the office. The office boy said they are on camp though they are in the office. The Complainant approached them but they did not give proper reply. Opposite parties caused lot of inconvenience, mental agony and financial loss to the Complainant. The Complainant got issued legal notice on 23.11.2017 to the Opposite parties 1 to 4 but they refused to receive the same. Hence, the complaint for the above reliefs.
4. Opposite parties 1 to 4 served with notices, O.P.2 remained exparte on 9.01.2018 and Opposite parties 1, 3 & 4 remained exparte on 12.04.2018 and the Opposite parties 1 to 4 not filed written version and not participated in the proceedings of the case.
5. Complainant filed his affidavit along with his complaint and memo filed to mark the documents as Exs. A1 to A5. Accordingly, Exs A1 to A5 documents are marked on behalf of Complainant. No written arguments are filed by the Complainant.
6. Heard arguments of Complainant and perused the material placed on record by him.
7. On the basis of the above pleadings the following points are arise for determination.
- Whether is there any deficiency of service on the part of opposite
parties as pleaded by the complainant?
- Whether the complainant is entitled for the claims against Opposite parties 1 to 4, if so to what extent ?
- To what relief ?
8. Point Nos. i and ii: The Complainant filed his affidavit in support of this case reiterating the averments of the complaint regarding how he was attracted by advertisement given by the Opposite parties in news paper and purchased the machine on 07.8.2015 for manufacturing “L” bend pipes and how the Opposite parties supply of raw material for manufacturing “L” bend pipes and buy back the product from the Complainant. The Complainant filed Exs. A1 to A5 documents to prove his case that he purchased plastic molding machine of “L” bend pipes under agreement with the Opposite parties to supply raw material to him and buy back the “L” bend pipes manufactured by the Complainant.
9. Ex. A1 is the receipt dt. 7.8.2015 issued by the Opposite parties for purchase of plastic molding machine by the Complainant under receipt No. 33 for Rs. 28,000/-. Ex. A2 is the sale agreement dt. 7.8.2015 between Opposite parties and Complainant mentioning all the terms and conditions viz., the agreement is valid for 5 years and Opposite parties agreed to all in put materials are to be purchased from the Complainant and there is 5 years warranty for the machinery etc., Ex. A3 is the bank passbook of the Complainant to show that the Complainant paid Rs. 10,000/- on 28.7.2015 to O.P.2 account. Ex. A4 is the copy of advertisement in Sakshi news paper and Ex. A5 is the returned notice covers of Opposite parties 1, 3 and 4.
10. According to Complainant in the first instance when raw material was supplied to him, Complainant manufactured 2000 “L” bend plastic pipes and the Opposite parties purchases the same for Rs.4,000/- and supplied raw material to him worth of Rs. 4,000/-. But again the Complainant manufactured 2500 “L” bend plastic pipes but the Opposite parties failed to purchase them and did not respond. More over the machine also gave trouble by getting shock and also some problem in motor and the same was brought to the notice of Opposite parties still the Opposite parties not responded and not repaired the machine. So the Opposite parties caused lot of inconvenience, mental agony and financial loss to him. The stock of 2500 “L” bend pipes remained in his custody and it is worth of Rs.5,000/-. According, the compliant all this happened due to the defective services of Opposite parties and the Complainant sustained heavy loss. It may be noted here the Opposite parties who received notice from the Forum did not respond but remained exparte. This Forum carefully perused the material on record. The material placed on record by the Complainant clearly and categorically proved he is the consumer of Opposite parties having purchased the machine for manufacturing “L” bend pipes with a view to supply the same to the Opposite parties as per terms and conditions of Ex. A2 agreement. But the Opposite parties failed to keep up their promise to purchase the “L” bend pipes manufactured by the Complainant and also to repair the machinery supplied to the Complainant under Ex. A1. Therefore, we find deficiency in service on the part of the Opposite parties towards Complainant and the Complainant is entitled for machine cost of Rs. 28,000/- and cost of 2500 “L” bend pipes of Rs. 5,000/- and Rs. 5,000/- towards compensation for inconvenience and mental agony and Rs. 2,000/- towards costs of the complaint from the Opposite parties 1 to 4. Accordingly, points 1 & 2 are answered.
11. Point No. iii:- In the result, the complaint is allowed in part, directing the opposite parties 1 to 4 jointly and severally to pay Rs. 28,000/- (Rupees twenty eight thousand only) towards “L” bend plastic molding machine cost, to pay Rs. 5,000/- (Rupees five thousand only) towards “L” bend plastic pipes, to pay Rs. 5,000/- (Rupees five thousand only) towards compensation for inconvenience and mental agony and Rs. 2,000/- (Rupees two thousand only) towards costs of the complaint to the Complainant, within 45 days from the date of receipt of this order, lest the above amounts shall carry interest at 9% p.a. till realization. The Complainant shall return the molding machine and 2500 “L” bend pipes to the opposite parties under proper acknowledgement in the mean time. The rest of the claim of the Complainant is dismissed without costs
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 14h day of June, 2018.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined
For complainant : NIL For opposite party : Nil
Exhibits marked on behalf of the Complainant :-
Ex. A1 Copy of plastic molding machine purchased receipt No. 33, Rs. 28,000/-
Ex. A2 Original copy of sale agreement dt. 7-8-2015 from Vignash Agencies, Rajahmundry.
Ex.A3 Copy of bank pass book amount paid by the Complainant to opposite party account dt. 28.7.2015.
Ex. A4 P/c of advertisement in Sakhsis News paper.
Ex. A5 Copy of notice return covers of O.P.s 1,3 & 4, dt. 23-11-2017.
Exhibits marked on behalf of the Opposite parties :– NIL
Sd/- Sd/-
MEMBER PRESIDENT
Copy to
- Koneti Venkata Ramana, S/o Venkatesh, working as Pvt. School Teacher, D.No. 9/105-32-5, Parvathi Nagar, Mydukur – 516 172, Kadapa District.
- P. Sai, The Manager, Vignesh Agencies, Opp. High School,
Air port Road, Gadala, Rajamundry, East Godavari Dist.
- Pachi Golla Diwakar, Proprietor and partners, Vignesh Agencies, Opp. High School, Gadala, Rajamundry,
East Godavari Dist.
- P. Sekhar, Proprietor and partner, Vignesh Agencies, Opp. High School, Gadala, Rajamundry, East Godavari Dist.
- P. Vinayak (Ravi), Proprietor and partner, Vignesh Agencies,
Opp. High School, Gadala, Rajamundry, East Godavari Dist.
B.V.P
