DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 266/2021

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          02.12.2021                                   21.01.2022                                        30.12.2022

P R E S E N                   :-       Smt. Monisha Shaw …………………. Member.

                                       :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

            The case was filed by the complainant under Section 35 of the C.P. Act, 2019. The fact as follows:-

            The complainant is a farmer cultivating ginger and other vegetables and other fruits at the land of other by way of Bhag chas system. The O.P carrying on business under the name and style ‘ADV Fruits Suppliers’ having import and export license and export ginger (Ada) in different parts of India including West Bengal and India. The complainant ordered 8000k.g. Ginger (Ada) from opposite party @ of Rs. 35/- per K.G. with transport cost. Thereafter total price for 8000 K.G Ginger was fixed for Rs. 2,80,000/- excluding transport cost. Complainant paid a sum of Rs. 2,10,000/- as advanced money and thereafter again paid Rs. 17,850/- for ginger. But the opposite party did not deliver the ginger. In spite of repeated requests by the complainant the O.P issued a cheque being No. 002958 dated 20.02.2020 amounting Rs. 2,28,000/- in favour of the complainant as refund the complainant’s moneybut the cheque was not encashed as ‘payment stopped by drawer ‘. The cheque was returned by the bank. On several occasion complainant requested over telephone for refund the money and lastly on 17.08.2021 through letter requested for refund the money but in spite of receiving letter no refund has been made by the O.P. Thereafter the complainant compelled to file this case.

After serving the notice upon the O.P and in spite of receiving the notice the O.P was not appeared before this commission.

            Now the question is whether the case is maintainable or not? Whether the complainant is entitled to get relief or reliefs before this commission or not?

Reasons of judgment

            Considering the facts and circumstances of the case as well as nature and character of this case all the points are interlinked to each other and as such all points are taken up together for consideration.

            On perusal of the materials on record and annexed documents and complaint supported with affidavit filed by the complainant it is revealed that the complainant paid Rs. 2,28,000/- to the opposite party for purchase the ginger but the O.P was not supplied the same. The O.P also issued one cheque in favour of the complainant but the cheque was not encashed and the bank was refunded the cheque with remark ‘payment stopped by drawer’.

Contd/-2

C. C.  No. 266/2021

:: 2 ::

We have perused all documents and papers and other receipts it appears that the complainant paid Rs. 2,27,800/- but the O.P did not deliver the ginger or return the money. Here the complainant is a consumer under the Consumer Protection Act and the opposite party is service provider but the O.P failed to provide his service. This matter is within jurisdiction of this commission and pecuniary jurisdiction also within this commission.

Thus all the points are disposed of accordingly.

Hence,

                         It is Ordered

             that the case No. 266/2021 be and the same is allowed exparty against the O.P with cost.

            The complainant do get a decree of Rs. 2,27,850/-  with 6% interest from the date of payment till recover and Rs. 10,000/- for mental agony and harassment and Rs. 5,000/- for litigation cost within two months.

            Hence it is directed the opposite party to refund the sum of Rs. 2,27,850/- to the complainant with 6% interest from the date of payment of the money by the complainant till recovery and with Rs. 10,000/- for mental agony and harassment and Rs. 5,000/- for litigation cost within two months. Failing which the complainant has liberty to file execution case as per law.

Let plain copy of this order be given to the parties free of cost.

Dictated & Corrected by

           Member                                                   Member