PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 191/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Pramod Kumar Sahoo

S/O-Late Bata Kishor Sahoo

R/O-Ajodhya Vihar, Near St. John School,

PO-Dhankauda, Dist-Sambalpur-768006. ………………Complainant

-Vrs-

Sri. Guru Diesels,

Near Vikash School, Opp JMJ Hospital,

NH-6, Baraipali, Sambalpur-768006                   ………………Opp. Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Sri. P. Mahapatra & Associates

Date of Filing:31.10.2023,  Date of Hearing :12.03.2024  Date of Judgement : 22.04.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Complainant filed the case against the OP towards deficiency in service, cheating, unfair trade practice, monopoly in its business without supplying the proper bill as per Consumer Protection Act,2019 and GST rule and harassing to the Complainant. On 22.6.2023, the Complainant visited to the Op shop to repairing/servicing of the Disel Pump of his vehicle and after repairing, the Complainant paid a sum of Rs. 17,358/- to the OP on the said date. After received of payment the OP did not supply the bill of the aforesaid amount which amount to unfair trade practice and cheating to the consumer. On same day the Complainant several discussion the OP that after the supply the bill on 22.6.2023 and assured that if any problem, the OP repaired on free cost. On verification it is found that the OP has not mentioned the proper part warranty in the said bill. The Complainant send the letter for supply the proper bill as per GST Rule and warranty provision of the part in two time to the OP by Regd. Post, but the OP remain silent. So it is clearly indicated that the OP has raising his business adopting unfair trade practice and collecting money and cheating this way.    
2. The Version of the OP is that the OP has given a very fair service in good faith out os trust and belief, but the Complainant is intentionally harassing the OP though the OP has given its best and fair service by more discounts where the total Quotation bill was of Rs. 17,358/- that the Op has not got any payment of that service on dtd. 22.6.2023, the Complainant told the OP to pay the entire amount later and the OP also agreed in that in good faith and a high trust and later on dtd. 25.7.2023, the Complainant sent someone who paid only an amount of Rs. 16,500/- instead of Rs. 17,358/- on behalf and the GST upon the service was paid by the OP. himself, but still the Complainant has put a deaf ear to the fact of this matter. The Complainant has tampered the Quotation bill of Rs. 17,358/- on 22.6.2023 for the service provided to the Complainant by tearing up the “Quotation Bill” which was written at the top of the bill on 22.6.2023 for references and the Complainant is misleading this honorable Commission by that fabricated and tampered Quotation bill by himself. The OP have already told the Complainant to provide the GST bill and the warranty of spare parts for the insurance claims of the Complainant later after all payment of the Quotation bill accordingly but the Complainant frequently avoided to harass the OP with malafide intention. Hence the OP has no liabilities upon this complaint where he has got a comfortable service and the OP also sustained severe financial loss by allowing the Complainant to pay later.
3. From the records and evidences, it is observed that the Complainant has tampered the Quotation bill of Rs. 17,358/- on 22.6.2023 for the service provided by tearing up the “Quotation Bill” which was written at the top of the bill on 22.6.2023 for references and trying to mislead the Commission.

Trying to mislead the Commission by virtue of tampering the documents it self is an serious offence. The Complainant has not come to the Commission with clean hand and accordingly the complaint is dismissed. No cost and compensation.