Hon'ble Mrs. Rumpa Mandal, Member.

This case arises out of a complaint U/S 35 of the consumer Protection Act 2019.

The brief fact of the case is that the Complainant Sri Tribhuban Bania is a proprietor under name and style “Shankar Pen Stores” Cooch Behar and this is the main source of income of his livelihood. On the other side OP is the Chairman of Cooch Behar Municipality. The chairman i.e. OP issued an order that the Complainant to supply 800 pieces of Dot Pens @ Rs.100/- each for official use only vide his Reference No. Acctt/1634/16 dated 21.11.2016. Accordingly to the order Complainant supplied the same on 02.12.2016 and on

that day those were received by the Cooch Behar Municipality i.e. OP. Then he went to the office of the OP to collect the amount of the said articles amounting to Rs. 800 x 100 = Rs.80,000/-. But the Complainant began to abstain from getting the co-operation from the end of the OP to have his actual sell proceeds as per issued order of the Chairman, Cooch Behar Municipality i.e. OP. Having found no other alternative, the Complainant submitted several written applications on 04.01.2018, 30.11.2018, 30.01.2019 and 12.03.2019 respectively to have his legal money and collected receipt copies. Thus, not withstanding of several submission of applications, no response had yet been received from the end of OP or OP’s office at all. After receiving those submitted letters of the Complainant, the OP kept silence without any assurance or causes.

Despite filing the written complaint by the Complainant on 04.01.2018, 30.11.2018, 30.01.2019 and 12.03.2019 the OP did not receive any positive response and finally, he was compelled to file this case praying for relief(s) in terms of the complaint. The OPs did not turn up before this Ld. Commission. So this instant case was heard against the OP.

Perused the case record and evidence on record along with the documents filed by the Complainant, It is found from the case record that the OP placed an order to the Complainant on 21.11.2016 and it is not disputed. Even OP did not challenge the document. Document relating to supply of Dot pens on 02.12.2016 and this document is also not disputed. Complainant made several intimations on 04.01.2018, 30.11.2018, 30.01.2019, 12.03.2019 respectively. But there was no reply or response came from the OP. So all the documents filed by the Complainant are not disputed.

The OP did not raise any objection about the order of 800 pieces of Dot Pens which was supplied by the Complainant.

Thus after assessing the entire evidence on record, it transpires that the Complainant had supplied 800 pieces of Dot Pens, so the OP should not be deprived of his claim from his investment. As supplier of materials, he is entitled to claim the amount from the OP.

Hence, it is

Ordered

That the instant case No. CC/53/2020 be and the same is allowed ex-parte against OP. 

Complainant do get an award for a sum of Rs.80,000/- for supplying 800 pieces Pens and Rs.20,000/- as compensation for mental pain, agony and unnecessary harassment. The OP Chairman, Cooch Behar Municipality is directed to pay a sum of Rs.80,000/- to the Complainant for supplying 800 pieces per cost @ Rs.100/- per pen for deficiency in service, Rs.20,000/- as compensation for mental pain and Rs.7,000/- towards cost of the proceedings within 30 days from the date of passing the order failing which the OP has to pay an interest @ 6% per annum on the awarded money.

Let plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.

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

Dictated and corrected by me.