BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GADAG. Basaveshwar Nagar, Opp: Tahasildar Office, Gadag COMPLAINT NO.180/2022 DATED 24th DAY OF JANUARY-2023 |
BEFORE: | | | HON'BLE Mr. D.Y. BASAPUR B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER | | |
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Complainant: 1) The Proprietor
Shrinagar Printers,
D.R.Badi Publications,
Betageri-Gadag.
Subas Road, Near Bus-Stand
Betageri-Gadag-582102.
(Rep. by Sri.P.S. Dharmayat, Advocate)
V/s
Opposite party :- | | The Proprietor, Smt. Samadevi Jagadish Bishnoi Balajai Stationery Mart, Khadar Building, Veersavarkar Road, Shop No.10-4-56A 24, Famous Commercial Complex, Near City Bus-Stand, Udupi-576101. |
| | (Absent) |
JUDGEMENT
JUDGEMENT DELIVERED BY SMT. YASHODA. B. PATIL, WOMAN MEMBER
The complainant has filed the complaint U/Sec. 35 (1) (a) (i) of C.P Act, 2019, for recovery of arrears of Rs.61,350/- with interest @ 18% p.a. from 8.05.2019 till realization, Rs.1,00,000/- towards mental agony and cost of the litigation.
2. The brief facts of complaint are as under:-
The complainant is a proprietor of Shringar Printers, D.R.Badi Publications, and is doing the printing and selling of table books (Maggi) and other books for students. Opponent being the proprietor of Balaji Stationery Mart Udupi and is a regular customer and used to buy the students purpose books. On 08.05.2019 the Opponent placed order through phone under the order Form No.36. Complainant supplied the through VLR Transportation the table books (Maggi) and issued the pay bill bearing No.77 on 29.07.2019 for Rs.44,000/- and another bill No.78 on 31.07.2019 for Rs.44,550/-. On 25.12.2019 the Opponent phoned the complainant and said he is sending a cheque of Rs.10,000/- for payment of old balance due amount of Rs.6,800/- dtd:25.12.2019 and the balance amount of Rs.3,200/- to be adjusted towards the transaction of 08.05.2019 after deducting Rs.3,200/- out of the remaining balance of Rs.84,550/-, the outstanding balance due was Rs.81,350/-. Opponent had sent two cheques of Rs.10,000/- each on 22.09.2021, after deducting the cheque amount of Rs.20,000/- out of Rs.81,350/- the remaining balance amount due is Rs.61,350/- as shown in the schedule. Inspite of repeated request to pay the balance amount the Op postponed the said demand. Therefore, complainant got issued a legal notice on 10.08.2022 through advocate, it was Cocky because the opponent has negatived to receive and to reply or pay the amount. On 22.09.2021 Opponent paid Rs.10,000/- through cheque bearing No.041210 of S.V.C, Bank Udupi. Therefore, the OP has committed the deficiency of service. Hence, the complainant had filed the complaint No.135/22 and the said complaint is withdrawn was due to non-availability of documents. Hence, filed this complaint.
3. After admitting the complaint, notice was issued to the OP, it was returned as unclaimed and Op has remained absent.
4. To prove the case, the complainant has filed affidavit and was examined as PW-1 and got the documents marked as Ex.C-1 to Ex.C-6.
5. Counsel for complainant argued.
6. The points for consideration are as under:
1. Whether the complainant proves the deficiency of
service committed by the Opponent?
2. Whether the complainant is entitled
for the reliefs as sought for?
3. What order?
7. Our findings on the above points are as under:
1) Point No 1. In the affirmative.
2) Point No 2. In the partly affirmative.
3) Point No 3. See final order.
REASONS
8 .Point No.1 and 2: The point No.1 and 2 are taken together to avoid the repetition of facts.
9. On careful perusal of all the documents and materials placed before the commission, PW -1 has reiterated the contents of the complaint. PW-1 has stated that, the complainant is a proprietor of Shringar Printers, D.R.Badi Publications, and is doing the printing and selling of table books (Maggi) and other books for students. Opponent being the proprietor of Balaji Stationery Mart Udupi and is a regular customer and used to buy the students purpose books. On 08.05.2019 the Opponent placed order through phone under the order Form No.36. Complainant supplied the through VLR Transportation the table books (Maggi) and issued the pay bill bearing No.77 on 29.07.2019 for Rs.44,000/- and another bill No.78 on 31.07.2019 for Rs.44,550/-. On 25.12.2019 the Opponent phoned the complainant and said he is sending a cheque of Rs.10,000/- for payment of old balance due amount of Rs.6,800/- dtd:25.12.2019 and the balance amount of Rs.3,200/- to be adjusted towards the transaction of 08.05.2019 after deducting Rs.3,200/- out of the remaining balance of Rs.84,550/-, the outstanding balance due was Rs.81,350/-. Opponent had sent two cheques of Rs.10,000/- each on 22.09.2021, after deducting the cheque amount of Rs.20,000/- out of Rs.81,350/- the remaining balance amount due is Rs.61,350/- as shown in the schedule. Inspite of repeated request to pay the balance amount the Op postponed the said demand. Therefore, complainant got issued a legal notice on 10.08.2022 through advocate, and the opponent has negatived to receive and to reply or pay the amount. On 22.09.2021 Opponent paid Rs.10,000/- through cheque bearing No.041210 of S.V.C, Bank Udupi. Therefore, the OP has committed the deficiency of service. Hence, the complainant had filed the complaint No.135/22 and the said complaint is withdrawn was due to non-availability of documents.
10. Ex.C-1 order Form reveals that on 08.05.2019, Op placed the order through phone in Form No.36, Ex.C-2 bill No.77 issued by complainant on 29.07.2019 for Rs.40,000/- and Ex.C-3 bill No.78 issued by complainant on 31.07.2019 for Rs.44,550/-. Therefore,, as per Ex.C-1 order placed by the Op, complainant supplied as per Ex.C-2 and Ex.C-3 through VRL Vide invoice No.56 and 57 Ex.C-4 & Ex.C-5 receipts. Copy of the bank account of complainant reveal that, on 02.11.2021 and 09.11.2021 Rs.20,000/- is credited. Ex.C-6 is legal notice issued by counsel for complainant demanding to pay the arrears of Rs.61,350/-, Op did not reply or settle the claim. Even, he has refused to receive the notice issued through RPAD and notice is returned with an endorsement as unclaimed. So, oral and documentary evidence of the complainant is remained unchallenged and not disputed by the Op. There are no reasons to disbelieve the case of the complainant. Hence, complainant has proved that, Op has committed the deficiency of service.
11. For the above, complainant has proved that, the Op has committed the deficiency of service and he is entitled for a sum of Rs.61,350/-. Complainant is claiming interest at the rate of 18 % p.a. which is on higher side. So, as per rate of interest in the Nationalized Bank it is proper to award interest @ 9% p.a. from the date i.e. Ex.C-3 from 01.08.2019 till realization. Complainant has suffered mental agony, therefore he is entitled for a sum of Rs.15,000/- for mental agony and Rs.10,000/- towards cost of litigation. Accordingly, we answer point No.1 in the affirmative and point No.2 in the partly affirmative.
12. Point No.3:- In the result, we proceed to pass the following:
ORDER
The complaint filed U/Sec.35(1) (a) (i) of the Consumer Protection Act, 2019 is hereby allowed.
The complainant is entitled a sum of Rs.61,350/- with interest @ 9% p.a. from 01.08.2019 till realization.
Further, the complainant is entitled a sum of Rs.15,000/- towards mental agony and Rs.10,000/- towards cost of litigation.
Op is directed to pay the above amount within two months from the date of this order.
Office is directed to send the copies of this order to the parties free of cost.
(Dictated to the Stenographer, directly on computer, corrected and then pronounced by us in the Open Commission on this 24th Day of
January-2023)
,
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
-: ANNEXURE :-
EVIDENCE ON BEHALF OF COMPLAINANT/S:
PW-1: Sri. Dharmasa Rukumasa Badi
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 : The original order Form No.36.
Ex.C-2 : The original bearing bill No.77, dtd:29.07.2019.
Ex.C-3 : The original bearing bill No.78, dtd:31.07.2019.
Ex.C-4 : The Original VRL Logistics Ltd., Consignor’s copies.
Ex.C-5 : The Original VRL Logistics Ltd., Consignor’s copies.
Ex.C-6 : Legal notice.
EVIDENCE ON BEHALF OF OPs:
NIL
DOCUMENTS ON BEHALF OF OPs
NIL
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
