PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 151/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Kesaba Rohidas, Aged about 40 years,

S/O- Upendra Rohidas, R/O/PO-Khinda, Ps-Thelkolai

Dist-Sambalpur, Odisha-768212.                                  ….…......Complainant.

                                    -Vrs.-

Naveen Mishra

S/O- K.K. Mishra Prop. S.P. Sales and Marketing.

Shop Address;- S.P. Sales and Marketing, Adash Mechanic Nagar, Bhamoro, Main Road, Indore, MP-452010,

Residence Address:- Naveen Mishra, AF 109, LIG Colony, Indore, MP-452001

…………........Opp.Party

Counsels:-

1. For the Complainant         :- Sri. Prem Prakash Panigrahi, Adv.
2. For the O.P. No. 1 to 3       :- Sri. N.K. Panda & others
3. For the O.P. No.5                           :- Sri. P. Debta & Associates

Date of Filing:27.09.2023,Date of Hearing :12.02.2024,Date of Judgement : 02.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that for self employment and livelihood the Complainant placed order before the O.P. to supply 3500 numbers 25mm plastic sheet @Rs. 254 per bricks excluding GST which is required for making bricks excluding GST which is required for making bricks. The Complainant paid Rs. 10,43,000/- to the O.P. The following amounts were paid on different dated to the O.P.
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The O.P. only supplied goods worth of Rs. 1,49,860/- vide bill dated 14.04.2023. The O.P. thereafter expressed his inability to supply and assured to refund Rs. 8,93,140/-. In the shape of Bank transfer Rs. 3,97,140/- was to be refunded and for Rs. 4,96,000/- issued three post dated cheques. The cheques are as follows:-

Cheque No. AmountDate Bank

1. 331138                      Rs. 1,00,000/-       22.08.2023          Axis Bank.
2. 285477                      Rs. 1,98,000/-       28.08.2023          Bank of India
3. 285478                      Rs. 1,98,000/-       09.09.2023          Bank of India

The O.P. in three occasions refunded Rs. 1.00 lakhs, Rs. 50,000/- and Rs. 50,000/- total Rs. 2.00 lakhs by bank transfer but not paid Rs. 1,97,140/-. The cheques issued were dishonored by the Banks on presentation on 13.09.2023 which is unfair in trade practice. The O.P. is liable to refund the amount unpaid Rs. 6,93,140/- with interest.

2. The O.P. after appearance submitted that on behalf of S.P. Sales & Marketing Mr. Naveen Mishra filing the version. Naveen Mishra is the owner of S.P. Sales & Marketing order received from Complainant to supply 3500 numbers of 25 mm. Plastic sheet @ Rs. 254/- per brick excluding GST. An amount of Rs. 10,43,000/- was paid on 02.02.2022, 02.02.2022, 10.02.2022 and 31.12.2022 respectively in five terms. Due to some uncontrolled circumstances goods could not be supplied. The Commission has no territorial jurisdiction. The terms of bill are not unfair. Money claim or claim for repayment is not maintainable. The Civil Court has jurisdiction.

Out of agreed amount of Rs. 3.00 lakhs the O.P. has refunded Rs, 2.00 lakhs in three occasions.

3. Perused the documents filed by the Complainant. It is the admission of both the parties that the O.P. has received an amount of Rs. 10,43,000/- from the Complainant to-wards supply of 3500 number 25mm plastic sheet @ Rs. 254/- per brick excluding G.S.T. The O.P. has supplied 500 numbers plastic sheet for an amount of Rs. 1,49,860 on 14.04.2023. Vide E-way bill No. 6215-5181-4122 dated 15.04.2023 the goods were supplied to the Complainant. The O.P. agreed to supply goods worth of Rs. 10,43,000/- but only supplied goods of Rs. 1,49,860/- the balance amount of RS. 8,93,140/- is to be refunded by the O.P. The O.P. submitted that due to some unfortunate incidents and circumstances the O.P. could not supply the agreed goods. From the side of O.P. there is violation of agreement and it amounts to deficiency in service.
4. The O.P. Naveen Mishra is the proprietor of S.P. sales and Marketing and admitted the transactions made through Axis Bank and Bank of India. Both the parties admitted that Rs. 2.00 lakhs has been refunded to the Complainant. It means the O.P. is to refunded Rs. 6,93,140/- to the Complainant.
5. The O.P. has taken the plea that the terms of bills are not unfair and unfair contract does not come within the preview of this Commission. There is an agreement between the parties and the O.P. failed to perform his part of contract. Where there is violation of contract the aggrieved party is entitled for refund of the amount with compensation.

Accordingly, the O.P. is to refund the amount of Rs. 6,93,140/- to the Complainant with interest.

6. Regarding jurisdiction of this Commission, as the Complainant is a resident of Village Khinda under Sambalpur district, goods has been supplied in Khinda, Sambalpur as per section 34 of the Consumer Protection Act, 2019 cause of action arose within the local limit of this Commission and accordingly this Commission has jurisdiction to entertain the Complaint.

Secondly non supply of goods on the agreed terms and conditions amount to deficiency in service and the O.P. has violated the agreement. This is a fit case relating to deficiency in service and maintainable before this Commission alternative to the civil court.

7. The Complainant has not filed any documents to show that three cheques issued by the O.P. were dishonored. The O.P. also denied the facts. In absence of documentary evidence no any order on the bouncing of cheques can be passed.

Taking into consideration the circumstances of the complaint following order is passed:

The Complaint is allowed on contest against the O.P. The O.P. is directed to refund Rs. 6,93,140/- with 12% interest w.e.f. 01.01.2023 within one month of this order. In case of non payment the amount will carry 14% interest P.A. till realisation. The O.P. is directed to pay compensation of Rs. 1.00 lakh and litigation expenses of Rs. 10,000/- to the Complainant.

Order pronounced in the 2^nd day of April of 2024.

Supply free copies to the parties.