C.C. No.49/2019
Bhibhasa Ketan Nayak,
S/o. Natabar Nayak,
Vill.- Dharadharpur (Basanta),
P.O./P.S.- Raghunathpur,
Dist.- Jagatsinghpur.……………. Complainant
(Versus)
- Branch Manager,
Premium Chick Feeds Pvt. Ltd.,
Raghunathpur Branch Office,
C/O- Sanat Mandal, rented house,
Above S.B.I. Branch, Raghunathpur,
At/P.O./P.S.- Raghunathpur,
Dist.- Jagatsinghpur.
- Regional Branch Manager,
Premium Chick Fees Pvt. Ltd.,
Regional Office, Plot No.438,
At/P.O.- Mahanadibihar,
P.S.- Chauliganj,
Dist.- Cuttack- 753004.
- General Manager,
Premium Chick Feeds Pvt. Ltd.,
Head Office, At- Tadwagle,
P.O.- Poynad,
P.S.- Alibag,
Dist.- Raigad, Maharastra- 402108.…..… Opposite parties
For Complainant………..Mr. D. Mohapatra & Associates
Opposite Parties………..Ex-parte
Date of Hearing: 11.01.2024 Date of Judgment: 18.01.2024 |
ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed the consumer complaint U/s.12 of Consumer Protection Act, 1986 seeking claim of Rs.57,612/- towards mortality Rs.9,350/- collected by opposite party No.1 through his agent and Rs.15,000/- and Rs.20,000/- towards cost of litigation and mental agony.
Notice to opposite parties was sent by Regd. Post on 04.4.2019 and opposite parties were set ex-parte on 09.7.2019 and matter was heard and reserved for orders on 22.01.2020 by our predecessors but it was not pronounced. After notice to both parties complainant appeared in person and the opposite parties also not appeared.
Heard the complainant in person and brief fact of the case is that the complainant is a poor farmer and regularly purchase chicks from the opposite party No.1 and on 01.02.2019 the complainant paid a sum of Rs.29,920/- towards purchasing 935 checks @ Rs.32/- per chicks. On 03.02.2019 the marketing manager received a cash of more Rs.9,350/- for the treatment fees and medicine fees and assured the complainant with in this price the opposite parties No.2 & 3 will provide all sorts of medicine and the cost of the doctor and if any chicks died or any growing chicks or bird will died, the opposite party No.1 will provide, the cost of the birds Rs.75/- @ 1 Kg. and if the chicks will die, the cost of Rs.32/- will be adjusted in the next month of purchase or refund within a month and from 05.02.2019 company doctor regularly absent when the complainant contact the doctor, the doctor told the complainant as the opposite parties No.2 & 3 have not paid his fees in time for which he will not come and suggest the complainant to contact with the opposite parties and on 28.02.2019 the complainant put forth his grievance by way of representation and the opposite party No.1 assured to solve the problem and on 12.3.2019 the opposite party No.1 through his selling boy informed to the complainant to come with ROR, bank pass book, cheque book, Aadhhar card, pass port size photo, Pan card and receipt for verification and disbursement of the compensation towards mortality and the complainant in good faith provide all the documents to opposite party No.1 but till date the opposite party No.1 did not take any steps to solve the matter of the complainant.
The complainant by purchasing chicks from opposite parties have paid Rs.29,920/- towards cost of payment for chicks and Rs.9,350/- towards treatment and medicines and there was more mortality of chicks than the standard fixed due to not attendance of veterinary doctors for which complainant has paid consideration and the firm was prepared to earn livelihood as such there is deficiency in service on the part of opposite parties and complainant is a consumer as defined U/s.2(7) of Consumer Protection Act.
We therefore direct the opposite parties to refund/pay Rs.29,920/- + Rs.9,350/- towards loss of investment/earning etc. and we also award cost of Rs.1,000/- towards cost of litigation and Rs.2,000/- towards mental agony. With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 18th January,2024.
