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
SRI M.V.R. SHARMA, B.A. MEMBER
Thursday, 21st April 2016
CONSUMER COMPLAINT No. 12 / 2016
M. Chenna Kesavulu, S/o M. Subba Rao, age about 45 years,
Residing at D.No. 4/9-A, Ramayalam Street, Mydukur,
Proddatur Road, Kadapa District. A.P. ….. Complainant.
Vs.
The Proprietor, Uma Devi, S.S. Enterprises (Regd),
D-7, Local Shopping Complex, Vivekananda Puri,
Sarai Rohilla, Delhi – 110007. ….. Opposite party.
This complaint is coming before us for final hearing on 18-4-2016 and perusing complaint and other material papers on record and on hearing the arguments of Sri C.S. Riyazuddin, Advocate for complainant and Opposite party remained exparte on 11-4-2016 and the matter is having stood over for consideration this day, the Forum made the following:-
O R D E R
(Per Sri M.V.R. Sharma, Member),
1. This Complaint is filed under section 12 of the Consumer Protection Act 1986 requesting this forum to direct the Opposite parties:-
(a) To pay an amount of Rs. 74,089/- deposited by complainant along with interest 24% p.a.
(b) To pay an amount of Rs. 50,000/- being the mental agony.
(c) To pay Rs. 50,000/- as a compensation along with cost of this complaint and
(d) Grant the relief or reliefs as the Hon’ble Forum deems fit and proper in the circumstances of the case.
2. The averments of the complaint in brevity are that the complainant is un-employee and intended to start business and approached the opposite party (for short herein called as O.P) for supply of Raw material and machinery for manufacture of paper Dona cups. After manufacturing the above said cups the O.P. sells the same in open market and sends the profit to him as per oral agreement. The O.P. directed the complainant to deposit amount in account bearing No. 20164104403 State Bank of India, Hazari branch for cost of the machinery and raw-material. Accordingly, he deposited the amount by way of transfer from his wife account bearing No. 34464972748 SBI, Mydukur. On 19-11-2015 he transferred Rs. 2500/- and Rs. 40,000/- dt. 9-11-2015 and on 5-2-2015 for Rs. 29,000/- totaling Rs. 71,500/-.
3. The complainant further stated that he received the said machinery and raw-material on 25-11-2015 from O.P. by VRL Logistic Ltd., proddatur Transport Office along with cash bill for Rs. 20,000/- + Rs. 1,000/- tax and also received Raw material 3,500 pieces by paying transport charges for Rs. 2,589/-. After receiving the above said machine and raw-material the said machine was not functioned properly and it is defective one and he informed the O.P. about non functioning of his supplied machine. But the O.P. not tred to remove defects from machine and in spite of legal notice to O.P. on 27-1-2016 by demanding to return the amount which he paid but he did not send the same. Hence, there is deficiency of service on the part of the opposite party. Hence, the complaint for the above reliefs.
4. The opposite party called absent and set exparte on 11-4-2016.
5. To prove his case the complainant filed an affidavit along with documents and got marked Exs. A1 to A5. No documents are marked on behalf of the opposite party. No oral evidence has been let in by the parties.
6. On the basis of the above pleadings the following points are settled for determination.
i. Whether there is negligence or deficiency of service on the part of opposite party?
ii. Whether the complainant is eligible for compensation as prayed by him?
- To what relief?
7. Point Nos. 1 & 2. Heard and perused the record. The complainant evidence reveals that there was understanding between him and opposite party that the complainant shall manufacture paper dona cups and supply the same to the O.P. who sell the same in the open market and send the amount to him. In this regard the O.P. directed to the complainant to deposit the amount in his account bearing No. 20164104403 SBI, Hazari Branch for supply of machinery and Raw-material. Accordingly, he deposited the amount by way of transfer from his wife account bearing No. 34464972748 SBI, Mydukur Branch on 19-11-2015 he transferred Rs. 2500/- and Rs. 40,000/- transferred on 9-11-2015 and on 5-2-2015 also transferred Rs. 29,000/- totaling Rs. 71,500/- as per Ex. A3. After the amounts transferred by the complainant as per Ex. A1 he received machinery and Raw-material by VRL Logistic Transport Company by paying Rs. 2,589/- towards transport charges as per Ex. A2. But the machinery is defective one supplied by O.P. and the complainant was unable to manufacture the above said product and informed to the O.P. that the machine was not functioned smoothly and properly and demanded to return the amount which is paid by him. But the O.P. neither removed the defect from machine nor returned the amount which is paid by the complainant. Hence, he issued legal notice under Ex. A4 on 27-1-2016 the O.P. did not respond to pay the amount. The documents Ex. A1 to A5 filed by the complainant remained unchallenged and show that the complainant is a consumer with the opposite party company.
8. Therefore, it is proved by the complainant there is deficiency of service on the part of the opposite party and is liable to pay the claim of the complainant with regard machinery and raw – material totaling Rs. 74,089/- and accordingly, the points 1 & 2 are answered against the O.P.
9. Point No. 3 In the result, the complaint is allowed, directing the opposite party to pay Rs. 74,089/- (Rupees Seventy four Thousand and Eighty Nine only) to the complainant along with interest at 9% p.a from the date of filing of the complaint till realization, the O.P shall also pay Rs. 3,000/- (Rupees three thousand only) towards mental agony and deficiency of service and Rs. 2,000/- (Rupees two thousand only) towards cost of the complaint to the complaint, within 45 days from the date of receipt of this order. The complainant shall return machinery and Raw – material supplied to him to the opposite party within one month from today.
Typed to my dictation, corrected and pronounced by us in the open Forum, this the 21st April 2016
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of the cash receipt issued by the respondent company with the address of complainant dt. 16-11-2016 an amount of Rs. 21,000/-
Ex. A2 P/c of delivery cash receipt issued by transport VRl logistics Ltd., dt. 16-11-2015 vide Lr.No. 1007565253 at Proddatur, for Rs. 2,589/-.
Ex. A3 P/c of account copy transfer the amount from A/c No. 34464972748 to the respondent name Uma Devi from SBI Mydukur Branch, Kadapa District.
Ex. A4 P/c of Legal notice dt. 27-1-2016.
Ex. A5 Original acknowledgement received by the respondent along with postal receipt, dt. 27-1-2016.
Exhibits marked on behalf of the Opposite parties : - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri C.S. Riyazuddin, Advocate for complainant.
2) The Proprietor, Uma Devi, S.S. Enterprises (Regd.),
D-7, Local Shopping Complex, Vivekananda Puri,
Sarai Rohilla, Delhi – 110007
B.V.P.
