DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No.07 of 2012
Kushaleswar Amat, S/o. Fakir Amat, aged about 58 years, R/o. Brahmani, P.S. Manamunda, District - Boudh
………….. Complainant
Vrs.
1. Sadananda Behera, Prop. Of Behera Traders, N.H. 42, Labanyabati Complex, Bhatra, Dhanupali, District - Sambalpur.
2. Mukesh Mishra, S/o. Balmakunda Mishra, aged about 23 years, R/o. Janmura, P.S. Sonepur, District - Subarnapur,
3. The Branch Manager, United Bank of India, Sonepur Branch, Palace Garden Chowk, Sonepur, P.O./P.S. Sonepur, District - Subarnapur.
4. The District Agriculture Officer, Boudh, P.O./P.S./District - Boudh.
………….. Opp. Parties
Advocate for Complainant ………. Sri R.Agrawal
Advocate for the O.P. No.1 & 2 ………. Sri N.K.Tripathy
Advocate for the O.P. No.3 ………. Sri P.N.Danta
Present
Sri S.C.Nayak, President
Smt.S.Mishra, Lady Member
Sri H.Padhan, Male Member
Date of Judgment Dt.31.08.2018
J U D G M E N T
By Sri S.C.Nayak, P.
The Complainant’s case in a nut shell in described below.
The complainant a cultivator was selected as beneficiary under Govt. scheme to purchase a tractor. On the recommendation of O.P. No.4, O.P. No.3 provided loan of Rs.5,50,000/- to the complainant for purchase of tractor.
The O.P. No.1 has sold tractor and trailor to complainant through O.P. No.2. He supplied quotation of Rs.6,89,574/- to the complainant for price of tractor, trailor, registration and insurance of the vehicle. The O.P. No.1 received Rs.5,50,0000/- from the O.P. No.3, i.e. Bank on 26.6.2011 and the rest amount through cash from the complainant.
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It is alleged that though the cheque has been received by O.P. No.1 on 26.6.2011 the tractor and trailor has been supplied by this O.P. after six months. It is also alleged that though the O.P. No.1 took Rs.1,43,000/- to supply specific quality of trailor he has supplied a less quality of old trailor whose market price would be Rs.80,000/-. Further the complainant avers that Rs.25,000/- has been taken by O.P. No.1 for registration charge and insurance. But till the date of complaint neither the vehicle has been insured nor registered. The complainant alleged that the O.P. No.4 has not released the subsidy amount of Rs.90,000/-.
So the complainant has filed this complaint case seeking compensation and cost of litigation. He has also prayed that the O.P. No.1 be directed to refund the excess money taken by him and he be directed to pay the interest on the loan amount. The complainant has also prayed that the O.P. No.4 be directed to release to subsidy amount of Rs.90,000/-
The O.Ps. were noticed in this case. The O.P. No.3 and 4 has filed version. The O.P. No.1 and 2 has not filed version inspite of repeated adjournments for that purpose. As the O.Ps. remained absent on the date of hearing, we have heard the learned counsel for the complainant and perused the materials on record.
The moot questions that require adjudication by the forum in this case is :
i). Has there been deficiency in service by the O.Ps. ?
ii). To what relief the complainant is entitled ?
The O.P. No.3 and 4 have filed version. In their version they have stated that there has not been any deficiency in service on their part.
We have perused the documents filed by O.P. No.4. Permit has been issued by Director of Agriculture of Orissa Govt. vide permit/supply order Bou-Tra-0068 on 7.9.2011. Copy of this order is on record. The District Manager, O.A.I.C. Boudh has also supplied quotation to the complainant after deducting the subsidy amount from
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the sale price of the tractor. Copy of this quotation is on record. In order to avail subsidy the complainant ought to have purchased the tractor through O.A.I.C., Boudh . It is not known whether the complainant has purchased the tractor through O.A.I.C. Boudh or not. Be it as it may since the O.P. No.3 and 4 have done their job, we have not found any deficiency in service on their part.
Now it is to be seen whether there has been deficiency of service on the part of other O.Ps. or not. The complainant alleged that the O.P. No.1 has supplied to him an old trailor. He has also alleged that the O.P. No.1 has taken the insurance and registration charges from him. But he neither insured nor registered the vehicle. But there is nothing on record to come to such a conclusion. The complainant has not adduced any evidence to substantiate these allegations.
The learned counsel for the complainant submitted that though the O.P. No.1 received the cheque on 26.6.2011, he supplied the tractor only on 20.12.2011. So there has been a delay of near about 5 months in the delivery of the tractor. We have perused the challan filed in this case. The tractor has been delivered to the complainant on 20.12.2011. So there is force in the submission of the learned counsel for the complainant. After receiving the cheque the O.P. No.1 took near about 5 months to deliver the Tractor. This according to us is grave deficiency of service on the part of O.P. No.1.
Now it is to be seen to what relief the complainant is entitled. Due to the delay caused by the O.P. No.1, the complainant was deprived from using the tractor. The complainant is a cultivator,. He has sustained loss in his cultivation work. He has also suffered physically and mentally.
Calculation of compensation is always a guess work and there cannot be any arithmetical exactitude on this. However taking the totality of the facts and circumstances into consideration we are of the considered view that a compensation
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amount of Rs.50,000/- as compensation in deficiency in service, mental agony, harassment and allied factors would meet the ends of justice. Further, the complainant is also entitled to Rs.3000/- as cost of litigation. Since the O.P. No.1 has committed deficiency in service, we direct the O.P. No.1 to pay the above mentioned amount to the complainant. We order accordingly.
O R D E R
It is hereby ordered as follows :-
The O.P. No.1 is directed to pay Rs.53,000/- (Rupees Fifty three thousands) only to the complainant within one month from the date of order. Complaint is partly allowed.
Dated the 31st August 2018
Typed to my dictation
I agree. I agree. and corrected by me.
Sri H.Pradhan, Smt.S.Mishra, Sri S.C.Nayak
Male Member Lady Member President
Dt.31.08.2018 Dt.31.08.2018 Dt.31.08.2018
