DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./214/2021
Date of Filing Date of Admission Date of Disposal
12.04.2021 26.04.2021 10.05.2024
Complainant/s:- | Sri Gopal Krishna Das, Proprietor, M/s. Rajshree Enterprise, S/o.Sri Kanailal Das, Residing at Sagar Krishnanagar, P.O and P.S. Sagar, Dist-24 Parganas(South),Pin-743373. |
Opposite Party/s:- | 1.The Administrative Manager, The Medmark Pharma Division, Regd. Office -95, Barasat Road, E/9 Vivekananda Park, P.O. Sodepur, P.S. Ghola, Dist-24 parganas, (North), Pin-700110. Admistrative Office at :- Subha Pushpa Pratim Appartment , Barasat Road, Block-‘B’, Chanditala, Sodepur, Kolkataa-700110. 2.The Authorised Officer, Shree Chemfood Pvt Ltd, Registered and Head Office, 104, Rishi Corner Building, Plot No.20, Ward No.12/A, Gandhidham, Kachchh, Gujrat- 370201 (India). |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainant above named filed this complaint under Section 35 of the C.P.Act, 2019 against the aforesaid opposite parties praying for direction upon O.P.Nos. 1-2 to pay compensation amounting to Rs. 1,00,000/- , refund of deposit amounting to Rs. 50,000/-, litigation cost of amounting to Rs. 5,000/- and other reliefs.
He alleged that O. P.No.2 deals with various products and O.P. No.1is the selling agent of O.P.No.2. Complainant for his livelihood wants to book something for earning and he came across before the O.P. Nos. 1-2 and upon verbal interaction and upon written application dated 05.12.2018 O.P.. No.2 on 06.12.2018 appointed the complainant as authorized distributer for the area of Baruipur in the district of 24 Pgs(South). Complainant deposited Rs. 50,000/-and paid the same through NEFT to the O.P.No.1 on 14.11.2018. O.Ps never sent any goods to the complainant in spite of repeated reminders. Thereafter complainant wrote a letter to the O.P..No.1 and O.P.No.1 received the same on 15.02.2020. By the said letter complainant requested to refund of the said amount. Thereafter complainant made several communications and also sent letter and requested the O.P. Nos. 1-2 to refund the same. O.P. Nos.1-2 in their reply gave assurance to refund the said amount but till date they did not refund the same. Hence the complainant filed this case. In spite of service of notice O.P. Nos. 1-2 not yet appeared in this record. The case is running exparte against them.
Decision with Reasons
During trial complainant filed affidavit-in-chief in support of his
contention. On perusal of the documents we find that complainant
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corroborated the said allegation. Complainant also filed BNA. We have heard the Ld. Advocate of the complainant at length. We have carefully gone through the documents filed by the complainant.
On perusal of copy of the documents dated 06.12.2018 we find that O.P. NO.2 appointed the complainant as their authorized distributer and he acknowledged Rs. 50,000/- as deposit. On perusal of documents dated 14.11.2018 we find that by way of NEFT Rs. 50,000/-was transferred in favour of O.P.No.1. On perusal of document dated 15.07.2019 we find that O.P. No.1 cancelled the distributorship and gave assurance that aforesaid deposit will be paid in favour of the complainant. On perusal of copy of application of complainant address to O.P. No.1 we find that he requested for refund the aforesaid deposit of Rs. 50,000/-. On perusal of letter dated 25.02.2020 issued by O.P. No. 1 we find that O.P. No.1 get assurance of refund the aforesaid amount of Rs. 50,000/-dated 14.11.2018 via NEFT through State Bank of India. On 06.07.2020 Ld. Advocate for the complainant requested the O.P. No.1 for refund of aforesaid sum of Rs. 50,000/-. On perusal of reply dated 06.07.2020 issued by O.P. No.1we find that they gave an assurance regarding refund of aforesaid amount. On perusal of advocates letter dated 04.03.2021 we find that Ld. Advocate for the complainant requested the O.P.No.1 for refund of the aforesaid amount at an early date.
Complainant alleged in the petition of complaint as well as affidavit –in –chief that till date O.P. No.1 not yet returned in his favour which amounts to deficiency in service.
On perusal of decision of Hon’ble Supreme Court (civil appeal No. 9004- 9005/2018 (Sunil Kohni and another –Vs-M/s. Purearth Infracture Ltd we find that Hon’ble Supreme Court held ‘If the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self employment, such purchaser of goods is yet a ‘consumer’. In the illustration given above, if the purchase himself works on typewriter or plies the car as a taxi himself, he does not cease to be a consumer. In other words, if buyer of goods user termed himself, by self-employment, for earning his livelihood, it would not be treated as a ‘commercial purpose’ and he does not cease to be a consumer for the purposes of the Act.
On perusal of record we find that the complainant is a consumer and the O.Ps are the service provider.
Having regard to the aforesaid discussion it is clear before us that complainant has able to established his grievance by sufficient documents beyond reasonable doubt and he is entitled to relief as per his prayer.
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In the result, the present case succeeds.
Hence,
it is
Ordered
that the present case be and the same is allowed exparte against the O.P. Nos.1-2 with cost of Rs. 5,000/- to be paid by the O.P. Nos. 1 and 2 in favour of the complainant.
O.P. Nos. 1 and 2 jointly or severally are directed to refund Rs. 50,000/- (Fifty thousand )in favour of the complainant along with interest at the rate of 12% p.a. from the date of receipt of the said amount to till the date of refund preferably within 45 days from this day failing which complainant shall have liberty to put this order into execution.
O.P. Nos. 1 -2 jointly or severally are further directed to pay Rs. 50,000/- as compensation in favour of the complainant within 45 days from this day failing which the complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
