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, 30th June 2016
CONSUMER COMPLAINT No. 21 / 2016
Smt. P. Anusha, W/o P. Srikanth,
aged about 27 years, working as daily labour,
D.No. 6/152-4, Vinayakanagar, Mydukur – 516 172,
Kadapa dist. ….. Complainant.
Vs.
1. P. Sai, The Manager Director, Vignesh Agencies,
Proprietor and partners, Opp. High School, Air port Road,
Gadala, Rajamundry, East Godavari Dist.
2. Pachi Golla Diwakar, The Proprietor and partners,
Vignesh Agencies, Opp. High School, Air port Road,
Gadala, Rajamundry, East Godavari Dist.
3. P. Sekhar, The Proprietor and partners, Vignesh Agencies,
Opp. High School, Air port Road, Gadala, Rajamundry,
East Godavari Dist.
4. P. Vinayak (Ravi), The Proprietor and partners,
Vignesh Agencies, Opp. High School, Air port Road,
Gadala, Rajamundry, East Godavari Dist. ………Opposite parties.
This complaint is coming before us for final hearing on 27-6-2016 and perusing complaint and other material papers on record and on hearing the arguments of complainant as party in person and Opposite party No. 1 remained exparte on 20-6-2016 and O.P.2 to O.P4 remained exparte on 01-6-2016 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 32,491/- along with interest @ 24% p.a. from 01-8-2015 till realization.
(b) To pay an amount of Rs. 20,000/- towards mental agony and .
(c) To pay Rs. 5,000/- towards costs of the complaint to the Complainant.
2. The Complainant filed the complaint and stated that the opposite parties (for short herein called as O.Ps) published an advertisement in Sakshi daily news paper in the month of June 2015 for sale of electrical “L” bend plastic molding machine and also the Opposite parties was given consent for free supply of Raw-material and buy back the product without paying the transport charges which is manufactured by the Complainant up to five years and also assured to the Complainant for earning of Rs. 20,000/- per month. Accordingly, she paid Rs. 10,000/- by way of transfer to O.P.2 bearing A/c No. 20245331149 of State Bank of India. On 28-7-2015 the O.Ps.1 & 3 came and installed the aforesaid machine and collected the remaining amount of Rs. 18,000/-.
3. After installation of the said machine the first month product 2,200 plastic “L” bend pipes have been received by the O.Ps and paid an amount of Rs. 2,000/- only. Again on 16-9-2015 the product of 2900 plastic “L” bend pipes were received by the Opposite parties which sent by complainant, but the amount was not paid. Meanwhile the said machine was not worked properly and the Complainant gave intimated by phone to the Opposite parties for several times. But the Opposite parties are not turned up. Hence, the Complainant personally went to the Opposite parties office located at Rajahmundry, but the Opposite parties are not willing to give any appointment and the Opposite parties are not supplied Raw-material and repaired the above said machine. On 01-3-2016 she sent a notice to the Opposite parties but they are neither repair the machine nor return the amount. Hence, this complaint for the above reliefs.
4. The O.P.No.1 called absent and set exparte on 20-6-2016.
5. The O.Ps 2 to 4 are called absent and set exparte on 01-6-2016
6. To prove her case the complainant filed an affidavit along with documents and got marked Exs. A1 to A4. No documents are marked on behalf of the opposite parties. No oral evidence has been let in by the parties.
7. 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 parties?
ii. Whether the complainant is eligible for compensation as prayed by her?
- To what relief?
8. Point Nos. 1 & 2. Heard and perused the record. The Complainant evidence reveals that she attracted by the advertisement in Sakshi Telugu Daily News paper published by the Opposite parties. Accordingly, she purchased “L” bend plastic pipes molding machine on 2-7-2015 she transferred Rs. 10,000/- to O.P.2 bearing A/c No. 20245331149 of State Bank of India. After that the Opposite parties are came to the Complainant’s house on 28-7-2015 with above said machine and installed and received remaining amount of Rs. 18,000/-.
9. The Opposite parties are given consent to the Complainant that free supply of Raw-material for five years and also assured that they buy back the product. The first month product 2,200 “L” bend plastic pipes which is manufactured by the Complainant and the Opposite parties are received for that they paid Rs. 2,000/- only. Again on 16-9-2015 the Opposite parties are received 2,900 “L” bend pipes, but they not paid also not supplied Raw-material. After two months the above said machine not functioned properly and the Complainant unable to manufacture the above said product and intimated several times to the Opposite parties by phone and also went personally to opposite parties office located at Rajhmandry and she demanded to return the amount which is paid by her, inspite of several reminders. The Opposite parties neither removed the defect from machine nor returned the amount which is paid by the Complainant. Hence, she issued notice under Ex. A3 on 01-3-2016, but the Opposite parties did not respond to pay the amount. The documents Ex. A1 to A4 filed by the Complainant remained unchallenged and shows that the Complainant is a consumer with the Opposite parties.
10. Therefore, it is proved by the Complainant that there is deficiency of service on the part of the Opposite parties and is liable to pay the claim of the Complainant with regard machinery and “L” bend plastic pipes which are manufactured by the Complainant. Accordingly the points 1 & 2 are answered against the Opposite parties.
11. Point No. 3 In the result, the complaint is allowed, directing the Opposite parties 1 to 4 jointly and severally liable to pay Rs. 28,000/- towards “L” bend plastic molding machine and also pay Rs. 4,491/- towards 20kgs. “L” bend plastic pipes and also pay Rs. 4,000/- towards compensation for mental agony and Rs. 1,000/- towards costs of the complaint to the Complainant, within 45 days from the date of receipt of this order. Lest it will carry 12% interest Per Annam from the date of filing complaint. The complaint shall return the machinery to the Opposite parties under proper acknowledgement.
Typed to my dictation, corrected and pronounced by us in the open Forum, this the 30th June 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 receipt towards purchase of plastic molding machine,
dt. 1-8-2015.
Ex. A2 P/c of complaint C.c. No. 326/2016, dt. 1-2-2016 of S.P. Kadapa.
Ex. A3 P/c of notice and postal receipts dt. 1-3-2016 from Complainant
to O.Ps. 1 to 4.
Ex. A4 P/c of advertisement of Sakshi Telugu daily news paper
dt. 27-7-2015.
Exhibits marked on behalf of the Opposite parties : -
MEMBER MEMBER PRESIDENT
Copy to :-
- Smt. P. Anusha, W/o P. Srikanth, aged about 27 years, working as daily labour, D.No. 6/152-4, Vinayakanagar, Mydukur – 516 172, Kadapa dist.
- P. Sai, The Manager Director, Vignesh Agencies, Proprietor and partners, Opp. High School, Air port Road, Gadala, Rajamundry, East Godavari Dist.
- Pachi Golla Diwakar, The Proprietor and partners, Vignesh Agencies, Opp. High School, Air port Road, Gadala, Rajamundry, East Godavari Dist.
4) P. Sekhar, The Proprietor and partners, Vignesh Agencies, Opp. High School, Air port Road, Gadala, Rajamundry, East Godavari Dist.
5) P. Vinayak (Ravi), The Proprietor and partners, Vignesh Agencies, Opp. High School, Air port Road, Gadala, Rajamundry, East Godavari Dist.
B.V.P.
