DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.19 OF 2015

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

Sri Prasanta Kumar Panda, aged -35 years.

S/O: Late Gadadhar Panda At: Amalapada

PO/PS: Phulbani Dist: Kandhamal  Working as Proprietor ,

M/S Prasanta Kumar Panda,Amalapada, Phulbani                              ……………………….. Complainant.

                                Versus.

Sri Pravat Nahak

Business Development Manager

BALBOA MARKETING, At-Meghamala Tota, Jayanagar

PO/PS: Jeypore Dist: Koraput, Odisha                                               …………………………….. OPP. Parties.

For the Complainant: Sri S.K Pradhan Advocate, Phulbani .

For the Opp. Parties: None.

Date of Order: 28-02-2017

                                                                                                O R D E R

                                                The case of the Complainant in brief is that as per agreement executed by both the parties on 21-12-2014, he purchased Balboa Mango Juice from the O.P on 07-02-2015 by paying Rs. 4, 88,553.00 and Balboa club Soda and Balboa Jeera Masala on payment of Rs. 1, 01,299.00 to the O.P. As per terms and conditions the O.P should co-operate the Complainant to promote the sales in the locality being the supplier, but the O.P had not taken any effective steps for marketing the goods supplied by him. As a result of which the stock remained in the rented room at phulbani. Being the stockiest of the goods, the Complainant is paying the house rent at the rate of Rs. 8,000/- per month since the month of February 2015. Due to non co-operation of the O.P, the Complainant gave a pleader notice on 13-04-2015 for termination of the Trade Partner Agreement but the Said notice returned back as the O.P refused to receive the same. Hence, this complaint is filed by the Complainant against the O.P for a direction to lift the stock available with the Complainant and to terminate the Agreement. He also claimed compensation of Rs. 2, 00000/- towards financial loss and mental agony along with the house rent at the rate of Rs. 8,000/- per month since the month of

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February 2015 along with Rs. 10,000/- towards cost of litigation. He also claimed to refund his total investment amount of Rs. 5, 89,852/- with 12% annual interest.

                                                The O. P was set exparte as he avoided to receive the notice of this forum as per the affidavit filed by the Complainant.

                                                We have heard the Complainant and the learned counsel appearing on behalf of him. We have gone through the complaint petition and the documents filed by the Complainant in support of his case. It is seen that on 13-04-2015 the Complainant gave a notice through his advocate for termination of their agreement dated. 21-12-2014 but the O.P refused to receive the said notice as per remarks of the postal department. So, the O.P violated the condition of the agreement as per clause 12.2 of the agreement executed between both the parties. So, the Trade partner agreement between both the parties is terminated automatically. It is seen from the complaint petition that the Complainant purchased Balbo Mango products from the O.P on 07-02-2015. In the mean time three years has already been passed and the same items are food items. So, the same items are not fit for human consumption after 3 years of purchase. In the mean time the stock available with the Complainant has already been expired before filing of this Complainant as submitted by the learned counsel of the Complainant.

                                                In this case the O.P is not interested to contest and to counter the allegations of the Complainant. Due to his non cooperation the Complainant is suffering since 07-02-2015. Being the supplier of the Food items he failed to promote the sell of his productions in the locality for which the stocks are unnecessarily pending before the stockiest. The Complainant is paying house rent at the rate of Rs. 8,000/- per month since the Month of February 2015. This attitude amounts to unfair trade practice on the part of the O.P. As per C.P Act “Unfair trade Practice means a trade practice which for the purpose for the promoting the sell, use or supply of any goods or for the provision of any service adopts any unfair method or unfair or deceptive practice”.

                                                So, in the above circumstances the Complaint filed by the Complainant is allowed exparte against the O.P. The O.P is directed to refund the total investment amount of Rs.   5,89,852/- to the Complainant along with compensation of Rs. 10,000/- within 30 days from the date of this order. In case of failure the Complainant shall liable to get 9% interest per annum on the entire awarded amount from the date of this judgment till the date of realization.

                                                The C.C is disposed of. Supply free copy of this order to both the parties.

MEMBER                                                                             MEMBER                                                             PRESIDENT