Hon'ble Mrs. Rumpa Mandal, Member.

The concise fact of the complaint petition is that the Complainant Sri Tarak Nath Saha who is a permanent resident of New Dabri Gowala Patty, ward No. 5, Coochbehar Town, P.S-kotwali, District-Cooch Behar and he is the proprietor, of M/S Nani Madhab Agency and earning his livelihood through Self Employment by purchasing and hawkering packaged fruit juices of various companies and sales the same himself at different local places within the Cooch Behar town and surrounding area. The O.P. is Sri Suman Roy chowdhury is a proprietor of M/S Roy Chowdhury Enterprise Carrying on business of Juice and beverages in the districts of North Bengal. Complainant used to send money to the O.P. in his account being No. 61260664299 maintained with State Bank of India and also send orders as per his requirement time to time. On receiving such amount in the account of the O.P. in advance, the O.P. used to raise invoice against such order and send the ordered products to the Complainant through his men and after delivery of the said product O.P. used to take delivery acknowledgement signature on the copy of invoice and returned the same to the Complainant On 17.03.2020 the Complainant deposited a sum of Rs. 49500/- to the said account of the said bank of the O.P. and O.P. duly received the said amount. But suddenly O.P. did not raise any invoice against the order placed by the Complainant nor did he send any product to the Complainant. O.P. delayed the matter on various pretext. Finding no other alternative Complainant sent a legal notice to the O.P. in his proper address through his Ld. Advocate Sri. Kumardip Mukherjee vide legal notice dt.21.04.2023 through registered post with A/D. The O.P. received the same but did not respond to it. At last Complainant filed this case. The cause of action of the present case arose on 17.03.2020, when the Complainant deposited a sum of Rs. 49500/- only to the account of the O.P. being No. 61260664299 maintained with State Bank of India and when the Complainant sent legal notice on 21.04.2023 demanding his money and when the O.P. did not repaid the sum taken from the Complainant even after receiving the money and still it is continuing. Complainant therefore prayed before this commission against the O.P. to pay the amount of Rs. 49500/- to the Complainant which the Complainant deposited in the Bank Account of the O.P and to pay Rs. 100000/- against the O.P. towards mental pain and agony and to pay Rs. 100000/- towards unfair trade practice and Rs. 20000/- towards cost of the proceeding.

At the time of filing this case, the Complainant filed another petition under section 5 of Limitation Act 1963 along with complaint petition. At the time of hearing on admission point, this commission condoned the delay of filing this case.

The notice was issued upon the O.P. which was duly received by the O.P. as per track report of the postal department dt.31.08.23.

According to order no. 4 dt.09.10.2023, this commission was pleased to pass an ex-parte order against this O.P. So the case runs ex-parte against this O.P., Sri Suman Roy Chowdhury, proprietor, M/S Roy Chowdhury Enteprise.

The Complainant in order to substantiate the case adduced both oral  evidence in the form of evidence on affidavit by Sri Tarak Nath Saha, the Complainant, wherein he categorically stated inter alia that he paid a sum of Rs. 49500/- towards delivery of fruit juice and beverages. Despite receiving the said purchase money, the O.P. did not hand over the said product.    

Perused the pleadings of the Complainant and the documents in the case record. Heard the argument advanced by the Ld. Advocate for the Complainant.

The statement made on the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.

The O.P.  did not controvert the specific allegation of the complainant since O.P. decided not to contest the case and did not file any written version.

The Annexure - A is the copy of Deposit slip dt.17.03.2020 of State Bank of India.

Annexure-B series are the copy of Legal notice through his Ld. Advocate .

Annexure-C being the copy of registered post consignment receipt.

Annexure D-being the copy of India post Tracking Consignment receipt.

Annexure-E  being the copy of invoice dt.22.04.2019.

 Annexure-F being the copy of invoice dt. 22.04.2019.

Annexure –G being the copy of invoice dt.29.04.2019.

Annexure- H being the copy of statement of accounts of M/S Roy chowdhury Enterprise (2019-2020) against payment of M/S Noni Madhav Agency.

The aforesaid document could not be controverted by this O.P. and its averment stands unchallenged but after close scrutiny of the different documents it transpires that the Complainant made payment for Rs. 49,500/- to the O.P. and the legal notice through his Ld. Advocate by the Complainant to the O.P. also discloses that he paid Rs. 49,500/-to the O.P. There is no defence evidence to discard the said evidence of the complainant.

Thus, having assessed the entire evidence of the Complainant it is evident that the Complainant Case stands well established, since the O.P. did not contest the case.

In the result complaint case No. 67/2023 succeeds ex-parte against the O.P.

Hence, it is

Ordered

That the Complaint Case No. CC/67/2023 be and the same is allowed ex-parte with Cost of Rs.10,000/-.

The Complainant do get an award of Rs.49,500/- towards his payment to the O.P. The .O. P. is directed to pay Rs.30,000/- towards mental pain and agony and O.P. is further directed to pay Rs.20,000/- towards unfair trade Practice and Rs.10,000/- towards cost of the proceeding.

The  O.P. is directed to pay Rs.1,09,500/- to the Complainant within 30 days  from this date of passing the final order failing which the Complainant shall be entitled to  get interest @ 6% per annum.

The Complaint case is accordingly disposed of ex-parte.

D.A to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available on www.confonet.nic.in.

Dictated and corrected by me.