Non-delivery of goods as contracted and also non-refund of money taken as advance for supplying the goods by the sole OP has galvanized the complainant to lodge this complaint for redressal u/s 12 of the CP Act, 1986.
In his averment the complainant stated that he had paid Rs.67,500/- for purchasing of 25 (Twenty five) quintal rice for his domestic consumption on 10.2.2017. The OP did not comply with the purchase order. On 31.3.2017 an agreement was made between the complainant and the OP in the witness of Sri Nikhil Banerjee that the OP will repay the whole amount with interest @ 3% per month within 30.6.2017, but the OP failed. The complainant lodged a complaint for mediation before the Assistant Director, C. A. & F.B.P., R.O. Dakshin Dinajpur. It was decided on 31.1.2018 through mediation that the OP will have to pay a total amount of Rs.90,000/- in 3 (three) equal installments on 09.2.2018, 06.3.2018 and 28.3.2018 respectively. But the OP paid one installment of Rs.30,000/- only. Thereafter, on different occasions the complainant went to house of the OP but in every occasion the OP took a new plea and paid no more till date. The OP had disregarded the agreement on mediation. As a result, the OP did not pay the rest amount as per the scheduled dates. So, the complainant come to the Forum for getting redressal and recoupment of the rest amount with interest @ 12% p.a. as well as compensation of Rs. 20,000/- and litigation cost of Rs.5,000/-. The complainant claimed total amount of Rs.85,000/-.
The complainant has filed some relevant documents in support of his claim which are as follows:
- An agreement of photocopy dt. 31.3.2017;
- Note sheet office of the A.D., CA & FBP;
The OP is so negligent that he has taken no step against the Summons of this Forum. It reveals the disrespectful attitude to the Forum.
On perusal of the written complaint and the documents filed by the complainant following points have been framed.
Points for determination:
- Whether the complainant is a consumer or not?
- Whether the complainant is entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and convenience of discussion.
Point Nos. 1 & 2:
It is fact that the complainant is a consumer as per Sec.2(d) of the CP Act, 1986, because he paid Rs.67,500/- for purchasing of rice for domestic purpose against the OP.
At the time of mediation before the office of the A.D., CA & FBP that he promised to repay the whole amount @ Rs.30,000/- in three equal installments on different date as mentioned earlier. After payment of one installment, he failed to repay the rest two installments to the complainant.
From the case record and documents filed as well as submission made by the complainant. We are of the opinion that the complainant is a consumer and there is gross negligence and deficiency in service on the part of the OP.
In the result, the complainant’s case succeeds and the complainant is entitled to get relief as prayed for.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.39/2018 be and the same is allowed on ex parte against the sole OP.
The complainant is entitled to get claimed amount of Rs.60,000/-. The complainant will be entitled to get the compensation to the tune of Rs. 10,000/- for the mental pain and agony and Rs.2,000/- as litigation cost to pay to the complainant by the OP within 30 days from date of this order, failing which the principal amount Rs.60,000/- and the compensation amount Rs.10,000/- will bear interest @ 10% p.a. till the full realization of the said amount.
The complainant is directed to deposit Rs.5,000/- (Rupees Five thousand) only to Legal Aid Fund by a draft drawn in favour of “District Consumer Disputes Redressal Forum, Dakshin Dinajpur”, after obtaining the compensation amount from the OP.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
The Registrar-in-Charge of this Forum is directed to send a copy of this order to the OP by registered post immediately.
