Date of Filling:            08.12.2021

Date of Disposal:        22.07.2022

Appearance:

For the Complainant:Advocate Sri P.S.N.Patra

For the Opposite Parties:Exparte

Shri P. Surya Rao, President

The fact of the case in brief is that the Complainant has filed this Consumer Complaint under Sec. 35(1)(a) of the Consumer Protection Act, 2019 alleging deficiency in services and unfair trade practice by the Opposite Parties and for redressal of his grievance before this Commission.

The fact of the case as averred by the complainant is that the complainant is a self-employed person and earning his livelihood by means of opening of an iron & hardware store. For the purpose, the complainant placed order after the opposite party no.1 had given assurance to supply the goods on time as per Annexure A series on 09.08.2021. Accordingly the Complainant has deposited cheque of Rs.19134/- vide Cheque No.:005526/Dated:10.08.2021 in the of Canara Bank account of the opposite party no.1 vide A/c No.: 0364201008649 on 10.08.2021. The items are as follows:

Similarly, the complainant has also placed another order with the opposite party no.2 after given assurance to supply the goods on time as per Annexure B series and accordingly the Complainant deposited cheque no.: 001007/Dtd:21.01.2021 for Rs.25000/-, Cheque No.:005513/Dtd:22.07.2021 amounting of Rs.10620/- and by cash of Rs.16701/- on 07.08.2021 in the account of the opposite party no.1 vide A/c No:0364201008649 of Canara Bank. The items are as follows:

Further the complainant alleged that, both the opposite parties are owned and managed by one person. But the opposite parties did not supplied the goods as per Annexure A & B to the complainant within the time. In constraint, the complainant has issued Advocate Notice Dated:10.11.2021 to both the opposite parties but they have refused to receive the same. Getting no other source to redress his grievance, the complainant knocks the door of this Commission and filed this complaint for deficiency in services and unfair trade practice against the opposite parties under the Consumer Protection Act, 2019 and prayed thereof.

Admitting the Consumer Complaint, this Commission has issued notice to the opposite party. But both the opposite parties refused to receive the notice of this Commission. Hence the opposite parties as exparte. And the averment of the Complainant is remains unchallenged by the OP.

We have heard the learned Counsel for the Complainant and have gone through the documents on record.

In the instant case it reveals that the complainant has filed copy of the Bills, Bank deposit folios, and Advocate Notice in support of his claim. The complainant has filed a notarised affidavit. By taking the sole testimony of the complainant and an affidavit as well into the consideration, we accepted the contentions of the complainant as true and correct.

Keeping in view of the facts and the provisions of law of the land, the Commission allowed partly the case of the above named Complainant against the opposite parties.

Hence, the Opposite Parties are jointly and severally liable for the above act and they are directed:-

1. To supply goods as per Annexure A & B or refund the amount of Rs.54754/- along with interest @ 9% pa from the date of filling of this case;
2. To pay compensation of Rs.5000/- (Rupees Five Thousand) to the complainant.
3. To pay Rs.1500/- (Rupees One Thousand Five Hundred) as litigation expenses.

This order shall be complied with by the Opposite Party within forty five days from the date of receipt of this order, failing which, it shall be liable to pay the entire amount from (i) to (iii) along with interest @ 12% p.a. from the date of the order of this case till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realisation of all dues.

Certified copy of this order be communicated to the parties free of cost.

A copy of this order be also sent to the Secretary, State Consumer Disputes Redressal Commission, Odisha, Cuttack for information and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. After compliance the case record be consigned to record room.

This order is sealed and signed and pronounced on in open Commission on 22^nd July 2022.

I agree                         I agree

Sd/-                             Sd/-                             Sd/-

MEMBER(W)                        MEMBER                   PRESIDENT

Evidence on affidavit of the Complainant is filed as PW-1.

A written argument of the complainant is filed.

Written Version of the Opposite Party: NIL

Evidence on affidavit of the opposite party: NIL.

Written Argument filed by the Opposite Party: NIL.

List of Exhibits:-

On behalf of the Complainant:          

Ext. 1 – Tax Invoice No.:017/Dated:09.08.2021

Ext. 2 – Cheque Deposit Folio Dated:10.08.2021

Ext. 3 – Tax Invoice No.:11/Dated: NIL

Ext. 4 – Cheque Deposit Folio Dated:21.01.2021

Ext. 5 – Cheque Deposit Folio Dated:22.07.2021

Ext. 6 – Bank Statement

Ext. 7 – Advocate Notice dtd:10.11.2021

Ext.8 – Postal Receipt No.:RO612644106IN/Dtd:11.11.2021

Ext. 9 – Returned Advocate Notice dtd:17.11.2021

On behalf of the Opposite Parties:

NIL.

                                                                                                (Dict.)

MEMBER(W)                        MEMBER                   PRESIDENT

1. pending before OPID Court, Berhampur)

   PRESIDENT

D.C.D.R.C., Ganjam, Berhampur.