Chandigarh: Charging

Pulling them up for unfair trade practice and deficiency in services, the District Consumer Disputes Redressal Commission has penalised a city-based steel supplier for not returning excess payment of ₹8.15 lakh to a customer after not delivering the complete quantity ordered in October 2019.
Disposing of the complaint by M/s Kindlebit Solutions Pvt Ltd, Chandigarh, the commission also directed M/s Shree Krishna Enterprises, Chandigarh, to pay ₹60,000 as compensation.
The complainant firm submitted before the commission that they were constructing an office building in IT City, Sector 83 Alpha, Mohali.
The opposition party (OP) approached them for providing steel, following which, they placed an order against the agreed-upon rate of ₹34,400 per metric tonne on October 24, 2019.
Later, the complainant was informed that the trucks loaded with the steel had gone missing. Hence, they will be supplying steel from another company in emergency.
However, the complainant alleged that at the time of delivery on October 25, 2019, the steel quantity was deficient by 24.72 metric tonnes, and the supplied steel was also billed at much higher and inflated rates, leading to an excess payment of ₹9,15,270.
After the steel supplier refused to refund ₹8,15,270 of the total excess amount, despite multiple requests, the complainant approached the consumer commission.
The OP contested that there was no delay in supply of goods on its part. Considering the telephonic calls made by the complainant for immediate dispatch of goods, with mutual consent, the ordered goods were procured from TATA Steel and dispatched.
It said that the amount was clearly intimated to the representative from the company and was agreed upon. Denying all other allegations, they sought dismissal of the complaint.
After going through the documents, the commission observed that the OP is still holding an amount of ₹8,15,270. “By not refunding the same and by not honouring the agreed terms and conditions, OP has indulged in unfair trade practice and is also deficient in providing services,” it added.
The commission directed the opposition party to refund ₹8,15,270 to the complainant, along with interest at 9% per annum from the date of filing of this complaint till its payment. Apart from this, the steel supplier was also directed to pay ₹60,000 as compensation for causing mental agony and harassment, and cost of litigation.