MR LAXMI NARAYAN PADHI, PRESIDENT…              The substance of complaint is that, the Complainant being allured by the advertisement of the OP.1 over internet ordered the OP.1 for a set of Two Puja Diya, (Devotional lamps) cost of Rs.325/- on dt.09.11.2015 and the same was delivered to her on dt.28.11.15 vide invoice no. S81B36/15-16/1093 dt.09.11.15 and sub order ID 12608633486 of OP.2 on payment of Rs.325/-. That though the lamps were of size 10 X 10 X 29 (LXBXH) in cms as shown in the internet, the actual site was delivered of dimensions of 8.9 c.m. X 5.8 cm X 4.5 cm. The complainant filed complaint before the OP.s, but they never responded. The complainant submits that, as the lamps were ordered for her use in the Puja of Goddess Laxmi in the month of Margasira (Hindu Calendar), she being supplied with the material of low quality and size, she had to buy a new set from the local market, thus she has got her devotional interest, but any the out of OP.s being unfair trade practice, filed their complaint claiming Rs.50,000/- as compensation inter alia other reliefs.

2.         Notices along with complaint was sent to OP.s as per provision of C.P.Act 1986, seeking their reply vide Memo No.554 dt.14.12.15.

3.         The OP.2 sent a reply vide regd.post which was received by this forum on dt.14.1.16, wherein he contended that they have delivered the goods as per approved size and he was ready to refund the price of the material, on condition that, the same is returned to them and that the compensation is claimed exaggerated. The reply was not signed by any party, or is verified and no affidavit is supported.

4.         The OP.1 refrained from contending the complaint, hence he set ex parte. The reply by OP.2 was not signed, nor any verification is made, nor the reply is supported by any other document or affidavit hence we refrained from considering in the adjudication.

5.         As there is no reply from either party we have to believe the contentions on the complaint which is supported by copy of invoice, complaint mail to OP.s etc, supported by sworn affidavit.

6.         No doubt in the internet platform in the website of the OP.1, the site of Diyas ordered was shown to be of dimension 10 cm X 10 cm X 29 cm and complainant has ordered the diyas for her offer to goddess laxmi in the occasion of Gurubara of Margasira month of Hindu calendar. But the OP.1, through his business partner, Gold cave Enterprises has sent Diyas of lesser dimensions of 8.9 cm X 5.8 cm, which is obviously an unfair trade practice, hence injuring the sentiments of complainant and made her loss of money.

7.         Provisions of C.P.Act for grant of compensation is a species developed from the law of Torts, price factor in calculating the damage for any loss in tort is subsidiary, the prime factor to consider is mental agony, harassment & negative social impact.

8.         An exemplary damage, should serve the purpose of hindering these absecue and unscrupulous traders continuing such unfair trade practices duping innocent customers, as thus we allow the complaint, with cost against the OP.s.

                                                O  R  D  E  R

i.          The opposite party no.1 & 2 supra are jointly and severally directed to pay the price of the set/product in question inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 30th day of March' 2016.

                  Sd/-                               Sd/-                                       Sd/-

            MEMBER                    MEMBER                       PRESIDENT, DCDRF,

                                                                                               NABARANGPUR.