Presented by Sri P.K.Dash, Member:-
The Complainant pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986, the brief facts of which is here under:-
The Opposite Party on Dt.20/04/2010 came to the Complainant of this case and imparted education, knowledge and information on mushroom cultivation. The Opposite Party provided one leaf-let as to information containing the mushroom cultivation to the Complainant.
The Complainant being impressed with the proposal of the Opposite Party for cultivation of Mushroom, gave Rs.4,050/-(Rupees four thousand fifty)only vide money receipt No.003 to the Opposite Party on Dt.24/04/2010 to supply mushroom seeds. The Opposite Party gave assurance to the Complainant to supply mushroom seeds within one week and also advised him(Complainant) to arrange other materials like polythene, straw, crushed Dal and Bamboo stick in the mean while.
The Complainant as per the instruction and assurance of the Opposite Party, spent worth Rs.5,000/-(Rupees five thousand)only from his own pocket to collect material like straw, polythene, crushed Dal, Bamboo stick. In the meantime the assured period of one week elapsed, the Opposite Party did not provide mushroom seeds to the Complainant. The Complainant waited until further one year but the Opposite Party ever came with mushroom seeds. The materials purchased by the Complainant to the assurance of the Opposite Party delayed day by day and completely damaged within one year.
For such act of Opposite Party the Complainant sustained financial loss of rupees more than Rs.10,000/-(Rupees ten thousand)only along with mental agony and harassment besides loss of consortium and personal business and the Opposite Party is liable for deficiency of service to the Complainant.
The Complainant prays for direction to refund money of Rs.4,050/-(Rupees four thousand fifty)only along with interest and also compensation of Rs.10,000/-(Rupees ten thousand)only towards mental suffering and loss of consortium.
Evidencing the truth fullness of his complaint, the Complainant files xerox copies of the following documents.
Acknowledgment slip for receiving Rs.4,050/-(Rupees four thousand)only vide slip No.003 Dt.24/04/2010 issued by Bharatiya Samruddhi Finance Ltd.
Leaf let issued by “BASIX” an organization to promote cultivation and service of mushroom.
On being noticed the Opposite Party appeared and took several adjournments for filing version but did not file version evenafter the prescribed period for filing version. The Opposite Party has been set ex-parte and the complaint is heard ex-parte and posted for ex-parte Order.
Perused the case record and lucidly scrutinize the Complaint petition and documents filed by the Complainant.
The Acknowledgment slip No. 003 Dt.24/04/2010 issued by the Opposite Party infavour of the Complainant is an approval of Opposite Party towards receiving Rs.4,050/-(Rupees four thousand fifty)only from the Complainant on the alleged date and the leaf let supplied to the Complainant in this regard, primafacily for the purpose of service and supply of mushroom seeds for the mushroom cultivation.
The leaf let styled and issued by BASIX in its second page the service tax etc is Rs.350/-(Rupees three hundred fifty)only to provide service for cultivation of mushroom for one year but the money receipt issued by the Opposite Party in favour of Complainant is for Rs.4,050/-(Rupees four thousand fifty)only.
Besides the Complainant has purchased straw, polythene, crushed dal and bamoo stick as per the instruction and assurance of Opposite Party and has spent Rs.5,000/-(Rupees five thousand)only for cultivation of mushroom seeds. But the Opposite Party never turned up owing to his assurance for service to the Complainant.
However considering all facts and evidence brought before the Forum and the argument advanced by the Complainant, this Forum is quite convinced that consideration paid to the Opposite Party in leu of availing service to the Complainant, the Complainant became consumer of the Opposite Party and the money receipt issued by the Opposite Party for availing service within a stipulated period but fails to do so is an unfair trade practice by the Opposite Party and certainly a deficiency in service by the Opposite Party to the Complainant.
Hence the Opposite Party is directed to refund Rs.4,050/-(Rupees four thousand fifty)only along with 6%(six percent) interest per annum from Dt.02/05/2010 till date of payment and also compensation of Rs.7,000/-(Rupees seven thousand)only towards expenses, mental agony and harassment to the Complainant within 45(forty five) days from the date of Order, failing to do so 18%(eighteen per cent) interest per annum shall be charged on the Opposite Party.
The Complaint is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree, (Sri Pradeep Kumar Dash) ( Smt. Anjali Behera) (Miss Rajlaxmi Pattnayak)
M e m b e r. M e m b e r. P r e s i d e n t.
