Buyer gets wrong size bamboo poles, wins Rs 1.5 lakh after supplier’s admission on chat

“The opposite party (RN Enterprises) has admitted its fault so far sending the bamboos of different measurement than that of ordered by the complainant…the same amounts to deficiency in service and unfair trade practice on the part of OP (supplier),” the commission said on June 25.

The Shimla-based trader purchased bamboo poles from the supplier allegedly for use in his business, but on unloading the consignment, found that the poles were significantly thinner than what had been ordered. The disagreement eventually reached the consumer commission after repeated attempts to secure a refund allegedly failed.

‘Ordered 6-inch poles’

According to the complaint, M/s Bhagwati Traders, which deals in products such as anti-hail nets, bamboo and agricultural materials, contacted R N Enterprises in January 2024 after locating the supplier online. Initially, the trader wanted 1,300 bamboo poles measuring 24 feet with a circumference of seven to nine inches.

The supplier later informed the trader that bamboo of those dimensions was unavailable and, instead, offered 1,600 poles with a circumference of six inches. The revised offer was accepted and the complainant paid Rs 1,21,100 towards the goods. The trader also arranged transportation from Bijni in Assam to Kharapathar in Shimla at a cost of Rs 1,30,000.

However, after the consignment arrived on January 27, 2024, the trader claimed that the bamboo poles measured only about two to three inches in circumference instead of the agreed six inches. He immediately contacted the supplier seeking a refund.

WhatsApp chat

The commission found that the WhatsApp conversation exchanged after the delivery became the most significant piece of evidence. It noted that the supplier asked the complainant to share bank account details and assured him that compensation would be paid.

It also referred to the supplier’s message stating, “Jitna recover hota hai utna koro me nuksan dedunga (Recover whatever you can, and I’ll compensate you for the remaining loss),” treating it as an admission that the bamboo supplied was not of the agreed specifications.

The commission observed that this electronic communication substantially supported the complainant’s version of events and contradicted the supplier’s denial.

The supplier, however, said the complaint was not maintainable because the bamboo had been purchased for commercial use and, therefore, the trader was not a “consumer” under the Consumer Protection Act. The commission rejected the contention, relying on Supreme Court judgments explaining that merely running a business does not automatically deprive a buyer of consumer status.

It held that once the complainant asserted the goods were purchased to earn a livelihood through self-employment, the burden shifted to the supplier to prove that the purchase was exclusively for commercial purposes. Since no such evidence was produced, the objection was dismissed.

The supplier also claimed that the truck driver had personally inspected and approved the bamboo before it was loaded in Assam. The commission, however, noted that the driver filed an affidavit denying this claim. Importantly, the supplier neither cross-examined the driver nor challenged his testimony. Affidavits filed by the labourers engaged in unloading the consignment also supported the complainant’s case.

Transportation cost denied

Finding clear deficiency in service and unfair trade practice, the commission directed the supplier to refund Rs 1,21,100 paid for the bamboo and to pay Rs 30,000 as lump sum compensation towards mental harassment and litigation expenses.

The commission, however, declined to reimburse the Rs 1,30,000 transportation cost because the complainant had arranged the transport independently. It also permitted the supplier to collect the bamboo back at its own expense and directed compliance with the order within 45 days.

Consumer takeaway

The ruling highlights that consumers are entitled to receive goods that match the specifications promised by the seller. If the product delivered is different, invoices, payment records and even WhatsApp chats can help establish deficiency in service and secure a refund and compensation before a consumer commission.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Himachal Pradesh: 1800-180-8087) or dial the National Consumer Helpline at 1915 for assistance.