DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 48 of 2019

 

1.  Sri Anuj Kumar Bin,

Proprietor of Matri Bhumi Enginerring Workshop,

S/O. Sri Rohit Kumar Bin,

Of Natun Nagar, Dighalia, Binpara,

P.O. & P.S.-Airport, Pin-799009,

Dist.-West Tripura,.…..................….........................Complainant.

 

 

 

    -VERSUS-

 

 

 

1. Sri Pradip Yadav,

Proprietor of Yadav Hydraulic,

8-B, Dabua Pali Road,

Near Govt. High School, NIT,

Faridabad, Haryana,

Pin-121001.......................................................Opposite party.

 

 

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

 

C O U N S E L

 

 

For the Complainant : Smt. Shibani Bhattacharjee,

  Sri Utpal Das,

  Advocates.

For the O.P. : None Appeared.

 

 

JUDGMENT  DELIVERED  ON: 28/11/2019

 

J U D G M E N T

The Complainant Sri Anuj Kumar Bin,,  set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service committed by the O.P. 

  The complainant's case, in brief, is that the Complainant is earning his livelihood by running his business under the name of style of M/S. Matri Bhumi Engineering Workshop situated at Nutannagar, Agartala. The complainant was a need of one Hydraulic Press Machine(Digital) for his Workshop and that after searching the internet he came in contact with the O.P. who is the supplier and manufacturer of Hydraulic Press Machine(Digital). The Complainant having convinced with the conversation made with the O.P. and having obtained  assurance from the O.P. had placed order with the O.P. for supplying him a Hydraulic Press Machine(Digital). As agreed by the O.P. the Complainant booked the said machine on consideration amount of Rs.1,45,000/-. He paid the said amount of Rs.1,45,000/- to the O.P. by different cheques on various dates commencing from 19/06/2016 to 03/04/2017. The Complainant has alleged in his complaint that the though the O.P. had assured him that he would deliver the machine at his Workshop  within 06 months after receiving the consideration amount of Rs.1,45,000/- but the O.P. did not delivery it even after one and half years had elapsed. The complainant on several dates requested to the O.P. for delivery of the machine but the O.P. did not take any step for fulfilling his commitment though he had received full price of the Hydraulic Press Machine(Digital) from the Complainant. In one occasion the O.P. had assured the Complainant that he would return the consideration amount of Rs.1,45,000/- but that assurance was also not fulfilled by him. The Complainant thereafter issued a legal notice dated 06/08/2018 to the O.P. by registered post calling upon him to return the advance amount of Rs.1,45,000/- with compound interest. But the legal notice also yields no fruitful result from the O.P. side. 

Being aggrieved and dissatisfied with the conduct of the O.P. the Complainant filed the present consumer complaint against the O.P. praying for return of price of the machine of Rs.1,45,000/-, payment of Rs.50,000/- assessed as his business loss, for negligence and deficiency of service at Rs.50,000/-, for causing mental harassment and agony Rs.25,000/- & for litigation cost at Rs.25,000/-. 

Hence this case. 

2. Based on the complaint notice was duly sent to the O.P. Sri Pradip Yadav by speed post on 03/08/2019 from this Forum. The notice was duly served upon the O.P. on 20/08/2019. Though 03 consecutive dates had been posted by the Forum giving opportunity to the O.P. for filing his written version but the O.P. did not bother to contest the case. We have accordingly passed order on 30/09/2019 to proceed with the case exparte against the said O.P.

In due course of time the Complainant has been examined exparte with reference to his Statement on Affidavit furnished before before Forum. The Complainant in support of his case has submitted documents viz Bank remittance showing transmission of consideration amount of the Hydraulic Press Machine(Digital), Copy of cash memo dated 27/03/2017 issued by the O.P. in favour of the Complainant's Workshop showing receiving the amount Rs.90,600/- towards the Hydraulic Press Machine(Digital), Copies of Bank Statements showing withdrawal of Rs.1,00,024/- and Rs.45,006/-from the account of the Complainant by the O.P. and copy of the demand notice dated 06/08/2018 of the Complainant including postal receipt in the name of the O.P. Sri Pradip Yadav. The documents were marked as Exhibit-I series.  

3. We have heard arguments from the Complainant's Advocate.

We have gone through the complaint and the evidence adduced by way of Affidavit including documents produced by the complainant in support of his case. 

We are satisfied that the Complainant had booked one Hydraulic Press Machine(Digital) with the O.P. based on oral negotiation between the Complainant and the O.P. Accordingly to the Complainant he paid Rs. 1,45,000/- through the different cheques to the O.P. and the O.P. had received full consideration amount of Rs.1,45,000/- for supplying the machine to his workshop situated at Nutannagar, Agartala. 

We are also convinced that the O.P. inspite of receiving the full amount did not supply the machine to the Complainant though the O.P. assured the Complainant to complete process of supply within 06 months on receiving the consideration amount. The Complainant through his Advocate issued demand notice by registered post to the O.P. calling upon him to refund the consideration amount of Rs.1,45,000/- paid by him to the O.P. against booking of the Hydraulic Press Machine(Digital). But the O.P. did not take any action against the demand notice of the Complainant. He has totally ignored it. Even the O.P. did not contest the consumer complain which was filed by the Complainant even though notice from the Forum was duly served upon the O.P. The O.P. according to us has  indulged in unfair trade practice. The Complainant has suffered mental agony, harassment, business loss and financial  sad back due to the unfair trade practice adopted by the O.P. 

4. In view discussion made above, we find and hold that the Complainant had succeed in establishing his case U/S 12 of the Consumer Protection Act,1986.

We accordingly find the O.P. guilty of committing unfair trade practice against the Complainant. 

5. Consequently, we direct the O.P. to refund Rs.1,45,000/- to the complainant being the price of the Hydraulic Press Machine(Digital) which was paid by the Complainant to the O.P. This amount shall carry interest @12% P.A. from 19/09/2016 being the last payment date made by the Complainant towards the machine. The O.P. will also pay Rs.10,000/- for causing mental agony  and harassment together with Rs.4,000/- being the cost of litigation. Thus the O.P. is to pay in total Rs.1,59,000/- to the Complainant within a period of two months from the date of judgment failing which the amount of compensation shall carry interest @ 9% per annum till the payment is made in full.

 

 

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, WEST TRIPURA,  AGARTALA.

 

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA