DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.29 OF 2022
Date of Filing : 28.07.2022
Date of Order : 28.11.2022
Sri. Narayan Pradhan
S/O: Late Sadhu Charan Pradhan
AT-College Road,
PO/PS- Phulbani Town
Dist- Kandhamal. …………………….. Complainant.
Versus.
1. The Director,
KCM, PETROTECH,
Registered Office Address:
AT- 17-116, Kamala Nagar
Dilsukhnagar, Hyderabad,
State- Andhra Pradesh
2. Sri Kartika Chandra Gouda
Dealer- KCM,PETROTECH
Permanent/Present Address:
AT-Upper Bus Stand, Near Revenue Colony,
PO/PS- Chatrapur
DIST- Ganjam …………………….. Opp. Parties.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Mr.P.C.Tripathy & Associates
For O.P.1 & 2 - Ex-parte
JUDGEMENT
Mr. Sudhakar Senapothi, Member.
Complainant Narayan Pradhan has filed this case u/s 35 of the C.P Act 2019 alleging deficiency of service and unfair trade practice on the part of the O.Ps for not delivering him the required products even after payment of full cost of the product in advance and praying therein for a direction to O.P No.1 to refund a sum of Rs.11,76000/- with interest 18/% P.A from 12.05.2022 and a sum of Rs.50,000/- towards compensation for mental agony and deficiency in service and a sum of Rs.20,000/-towards cost of litigation.
- Brief fact leading to the case is that the petitioner is a contractor by profession who earns his livelihood by way of self employment from this profession. The complainant for his own consumption paid a sum of Rs.11,76000/- to the O.P No.1 for supply of BITUMEN cold mix 90 drums and RS-112 drums for an amount of Rs.11,76000/- which was paid through RTGS from DCB Bank Limited, Phulbani to the account of OP No.2,even though the amount was paid in advance, he did not receive the goods. After 4/5 days and subsequently on 20.05.2022 and 25.05.2022 requested for supply of the goods but the OPs neither supplied the goods nor refunded his money for which, he has knocked at the doors of this Commission for the reliefs as stated in the preceeding paragraph.
- Notice was sent to the OPs by registered post and the notice sent to OP No.1 and 2 were returned back with a postal remark that left without instructions and address could not be collected in respect of OP No.1 & 2 respectively. So notice was sent to both the parties in their respective email id, which was duly served on them. In spite of sufficient opportunity afforded to the OPs, the OPs preferred not to appear for which after the stipulated period, they were set exparte on dtd.17.10.2022.
- The complainant in support of his case has filed the copy of the quotation issued by OP No.1, copy of the acknowledgement given to the customer from the Bank regarding payment of money through RTGS, copy of the transfer details along with the whatsapp message sent to OP No.1, copy of the reminder dtd. 25.10.2022 and copy of the letter dtd 30.05.2022 address to the OP No.1 by the complainant and his evidence in shape of affidavit.
- It is seen from the quotation dtd 12.05.2022 issued by OP No.1 sent through email that he was provided with quotation for 90 drums of cold mix valued at Rs.10,44000/- and RS-1,for Rs.1,32000/-,the total of which comes to Rs.11,76000/-. It is also seen from the acknowledgement given by DCB Bank, Phulbani that a sum of Rs.11,76000 has been transferred to the account of OP No.1 on 12.05.2022, It is also seen from the whatsapp ,message dtd 17.05.2022 that he has requested the OP No.1 to sent the BITUMEN as soon as possible enclosing therewith the RTGS details. It is further seen that he has sent another message on 25.05.2022 requesting the OP No.1 to send the BITUMEN. The letter dtd 30.05.2022 goes to show that he has requested the OP No.1 to refund the amount sent to him but in spite of repeated approaches the OP No.1 did not refund the amount nor provide the goods to the complainant. All these facts are supported by the evidence of the complainant filed in shape of affidavit.
- It is crystal clear from the evidence adduced and produced by the complainant That the fact of payment of Rs. 11,76000/- is well established from the customers acknowledgement slip issued by DCB, Bank, Phulbani to the complainant and the unfair conduct of the OPs is well established from the repeated reminders made by the complainant on 17.05.2022 , 25.05.2022 and 30.05.2022. The O.P No.1 has failed to provide him the required goods in spite of receipt of full payment in advance and on his failure to supply the goods did not refund the money paid to him. So a clean case of deficiency in service, unfair trade practice coupled with harassment is well made out against the OPs.
- It is settled principles of law that it is to have been admitted the allegation made against them.
- As a case of deficiency in service, unfair trade practice and harassment is well established against OPs they are liable to compensate the complainant and hence the order.
ORDER
The complaint petition is allowed exparte against O.P.No.1 and dismissed against O.P No.2. The O.P. No.1 is made liable for causing deficiency in service, unfair trade practice and harassment to the complainant. The O.P No.1 is directed to refund the amount of Rs.11, 76,00/-(Eleven lakhs seventy six thousand)only to the complainant within 24 hours from the time of receipt of this order, failing which he will be liable to pay penalty of Rs.1000/-(One thousand)only daily so long as the default continues. The O.P.No.1 is further directed to pay compensation of Rs.2, 00000/-(Two Lakhs) only and a sum of Rs.25, 000/-(twenty five thousand)only towards cost of litigation. The order is to be complied with in a period of 15 days from the date of communication of this order. Communicate the order to the OPs through email forthwith.
Computerized & corrected by me.
I Agree
PRESIDENT MEMBER
Pronounced in the open Commission today on this 28th day of November 2022 in the presence of the parties.
PRESIDENT MEMBER
