State Consumer Disputes Redressal Commission
Fans Bro Erectors vs Rajeev Khatri on 25 March, 2015
CHHATTISGARH STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
PANDRI, RAIPUR (C.G)
Appeal No.FA/14/582
Instituted on : 27.08.2014
Fans Bro Erectors,
410, Plot No.74, Shubh Ashirwad,
C.H.S., Jay Prakash Nagar,
Mumbai - 400063 ... Appellant
Vs.
Rajiv Khatri,
Prop. Suresh Ink Food Products,
140, First Floor, Medical Complex,
Raipur, District Raipur (C.G.) ... Respondents
Appeal No.FA/14/611
Instituted on : 08.09.2014
Rajiv Khatri,
Prop. Suresh Ink and Food Products,
140, First Floor, Medical Complex,
Raipur (C.G.) .... Appellant
Vs.
2. Fans Bro Erectors,
401, Plot No.74, Shubh Ashirwad C.H.S.,
Jai Prakash Nagar, Goregaon (East),
Mumbai - 400063 ... Respondent
PRESENT: -
HON'BLE JUSTICE SHRI R.S. SHARMA, PRESIDENT
HON'BLE MISS HEENA THAKKAR, MEMBER
HON'BLE SHRI D.K. PODDAR, MEMBER
COUNSEL FOR THE PARTIES IN BOTH THE APPEALS :-
Shri K. Anandani, for complainant Rajiv Khatri.
Shri Rajesh Pandey, for O.P. - Fans Bro Erectors.
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ORDER
Dated : 25/03/2015 PER: - HON'BLE JUSTICE SHRI R.S. SHARMA, PRESIDENT This order will govern disposal of Appeal No. FA/14/582 as well as Appeal No. FA/14/611, which have been preferred respectively by the O.P. and complainant of the Complaint Case No.522/2013 against the order dated 05.08.2014, passed by District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth "District Forum"). By the impugned order the District Forum has dismissed the complaint of the complainant.
2. The complainant has filed Appeal No.FA/14/611 for setting aside the impugned order of the District Forum and to direct the O.P. to pay the compensation to the complainant, as mentioned in the relief clause of the complaint.
3. The O.P. has filed Appeal No.FA/14/582 to direct the complainant to pay the due / reasonable compensation and cost of litigation to the O.P. because the complainant has unnecessarily filed consumer complaint against the O.P. For the purpose of convenience, hereinafter in this order, the parties will be referred as per their original nomenclature in the complaint case. The original of this order be retained in the file of Appeal No.FA/14/582 and its copy be placed in the file of Appeal No.FA/14/611.
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4. Briefly stated the facts of the case are that the complainant purchased Roster Machine with Spraying System from the O.P. It's capacity was 340 Ltrs. and the machine was to be used for Spice Roster of Food Material. The complainant purchased the machine at the cost of Rs.2,51,000/- and the complainant deposited a sum of Rs.75,000/- with the O.P. and a sum of Rs.1,50,000/- was to be paid at the time of installation of the machine in the premises of the complainant. The said machine was sent to the complainant through M/s. Welcome Transport India . The complainant paid a sum of Rs.2,25,000/- to the O.P. but the said machine was not installed at his premises by the O.P. and the O.P. demanded a sum of Rs.26,000/- from the complainant. The O.P. stated that until and unless a sum of Rs.26,000/- is not paid by the complainant to the O.P., the said machine would not be installed. The complainant averred that the complainant paid the entire amount of Rs.2,25,000/- to the O.P. but the O.P. failed to install the said machine in the premises of the complainant and thus the O.P. committed deficiency in service. Therefore, the complainant filed consumer complaint before the District Forum and prayed for granting reliefs as mentioned in the relief clause of the complaint.
5. The O.P. filed its written statement and averred that the O.P. has supplied 340 Ltrs. Capacity Roster machine with Spraying System to the complainant through M/s . Welcome Transport India vide their lr No.6410 dated 04.03.2013 for agreed basic cost of Rs.2,51,000 plus taxes // 4 // extra. The complainant has paid a sum of Rs.75,000/- only and the rest of the amount was not paid by the complainant to the O.P. The O.P. installed the machine successfully at the Devpuri plant of M/s. Suresh Ink & Food Products, on 17.04.2013. Even after installation of the machine, the complainant did not pay the remaining amount. The O.P. did not commit any deficiency in service and unfair trade practice.
6. After having considered the material placed before it by both the parties, learned District Forum, has dismissed the complaint.
7. The complainant filed documents. The documents are photocopy of Purchase Order dated 12.01.2013 issued by Suresh Ink & Food Products, emails sent by the O.P. to the complainant, letter dated 12.01.2013 sent by the O.P. to the complainant.
8. Shri K. Anandani, learned counsel appearing for the complainant (appellant of Appeal No.FA/14/611) has argued that the complainant purchased 340 Ltrs. Capacity Roster Machine with Spraying System from the O.P. and paid a sum of Rs.2,25,000/- to the O.P. but the O.P. did not install the said machine in the premises of the complainant and the O.P. demanded a sum of Rs.26,000/- and the O.P. told the complainant that if the sum of Rs.26,000/- would be paid by him to the O.P., then machine would be installed in the premises of the complainant. It amounts to deficiency in service and unfair trade practice on the part of the O.P. He further argued that learned District // 5 // Forum has erroneously dismissed the complaint without giving proper and reasonable reason, therefore, the appeal filed by the complainant may be allowed and the impugned order passed by the District Forum, be set aside.
9. Shri Rajesh Pandey, learned counsel appearing for the O.P. (appellant in Appeal No.FA/14/582) has argued that the Spice Roster Machine was installed in the premises of the complainant and the complainant did not deposit the entire cost of the said machine with the O.P. He further argued that learned District Forum has observed in the impugned order that the complainant has not been able to prove his case and the O.P. did not commit any deficiency in service, therefore, the O.P. is entitled to get compensation and cost of litigation from the complainant, but learned District Forum, has failed to do so. The O.P. is entitled to get compensation and cost of litigation from the complainant. The appeal filed by the O.P. may be allowed and the complainant be directed to pay the compensation and cost of the litigation to the O.P.
10. We have heard learned counsel for both the parties and have perused the record of the District Forum.
11. The contention of the complainant is that the Spice Roster Machine was purchased by the complainant from the O.P. for his livelihood by self-employment and for this purpose a sum of // 6 // Rs.75,000/- was paid to the O.P. through bank. In the affidavit of the complainant also, the same thing has been stated by him. In his affidavit, the complainant has stated that a sum of Rs.1,50,000/- was paid by him to the O.P. regarding the delivery of the machine and after payment of the said amount, the machine was delivered in the premises of the complainant through M/s. Welcome Transport India. The complainant further stated that he paid total amount of Rs.2,25,000/- to the O.P. but on the contrary the O.P. contended that the machine was installed in the premises of the complainant but the complainant could not deposit the remaining amount with the O.P.
12. The complainant filed a document i.e. Purchase Order dated 12.01.2013 issued by Suresh Ink & Food Products. Looking to the said purchase order, it appears that the cost of the machine was Rs.2,51,000/-. In the purchase order, terms and conditions were mentioned. In condition no.4 it is mentioned that "Payment Terms :
Rs.75,000/- advance payment, along with Purchase order, Rs.1,50,000/- Plus tax payment prior to dispatch of the machine against receipt of Proforma Invoice, & balance payment against commissioning of the machine." In condition No.5, it is mentioned that "Commissioning charges - The unloading, Shifting to proper location & installation of the machine at desire location in our works will be arranged by us. You will have to provide the commissioning engineer for executing the commissioning of the machine at additional cost of Rs.20,000/- (Rs.
// 7 // Twenty Thousand Only) OR Rs.10,000/- Plus to and Fro Economy class Air ticket / 3T AC train ticket from Mumbai to Raipur, Local conveyance during stay in Raipur, Lodging, boarding in Hotel, food expenses shall be arranged by us as free issue."
13. From bare perusal of the documents filed by the complainant and pleadings of the parties, we find that as per Purchase Order dated 12.01.2013 issued by Suresh Ink & Food Products, the complainant, the cost of the machine was Rs.2,51,000/- and according to the complainant, he deposited a sum of Rs.2,25,000/- against Rs.2,51,000/- and he did not deposit a sum of Rs.26,000/- with the O.P. The complainant has not given any reason that why he did not pay the remaining amount to the extent of Rs.26,000/- to the O.P. whereas in the purchase order there is mention regarding commissioning charges etc, in which taxes are to be included.
14. The O.P. filed Appeal No.FA/14/582 before us to direct the complainant to pay due compensation and cost of litigation to the O.P. To award cost to the party is discretionary power vested on District Forum and cost may be justifiable. In the instant case, the learned District Forum has simply observed that the complainant has not deposited the remaining amount of cost of the machine with the O.P., therefore, the complainant cannot blame the O.P. and the complaint was dismissed. We find that if the learned District Forum has not // 8 // awarded the cost of litigation to the O.P. then there is no illegality or irregularity in the impugned order passed by the District Forum.
15. We find that the impugned order passed by the District Forum, does not suffer from any infirmity, irregularity or illegality.
16. In view of aforesaid discussion, the appeal No.FA/14/582 filed by the O.P. and appeal No.FA/14/611 filed by the complainant, being devoid of any merits, deserve to be and are hereby dismissed. No order as to the cost of these appeals.
(Justice R.S.Sharma) (Ms.Heena Thakkar) (D.K.Poddar)
President Member Member
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