For Complainant          :             Sri Trinath Singh Lal, Advocate & associates.

For OP No.1                    :             None.

For OP No.2                    :             None.

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1.                         The brief history of the case of the complainant is that he is a small vegetable vendor dealing with tomato business at local market of Jeypore for earning his livelihood.  The OP.2 is the wholesale dealer who supplies tomato to different states and OP.1 sales the said tomatoes at Odisha including Jeypore town.  It is submitted that on 22.7.2016, as per instruction of OP.1, the complainant placed order for supply of 370 trays of tomato @ Rs.270/- and deposited an amount of Rs.1.00 lac through online transaction to the account of OP.2 at ICICI Bank A/c. No.6255055000189 and the OP.1 assured to supply tomatoes shortly.  It is submitted that the Ops did not supply the tomatoes till date in spite of repeated approach over phone for which he sustained loss and suffered mental agony.  Thus alleging unfair trade practice on the part of the Ops, he filed this case praying the Forum to direct the Ops to refund Rs.1.00 lac and to pay Rs.60, 000/- towards compensation and costs to the complainant.

2.                         In spite of valid notice, the Ops neither filed counter nor participated in the proceeding in any manner.  After several adjournments, the matter was heard from the complainant through his A/R in absence of the Ops.  The complainant has filed certain documents along with affidavit in support of his case and we have perused the documents available on record.

3.                         In this case, the complainant stated that the Ops 1 & 2 are the tomato dealers and the complainant is doing vegetable business at Jeypore for earning his livelihood.  As per instruction of OP.1, he placed order on 22.7.2016 for 370 trays of tomato @ Rs.270/- per tray and deposited a sum of Rs.1.00 lac through online transaction to the account of OP.2 at ICICI Bank A/c. No.6255055000189 on 22.07.2016 but the Ops in spite of repeated approach did not supply the tomatoes.  The complainant has also filed copy of online transaction money receipts for Rs.1.00 lac sent to OP No.2.  The case of the complainant is that the Ops did not supply the tomatoes after receipt of money through online and hence he is suffering loss and sustaining mental agony.

4.                         In absence of counter and participation, we lost opportunity to know anything from the Ops and as such the allegations against them by the complainant remained unchallenged.  In the above facts and circumstances, the complainant is entitled to get back Rs.1.00 lac from the Ops with interest @ 12% p.a. from 22.07.2016.  Further due to non supply of tomatoes, the complainant besides sustaining loss must have suffered some mental agony.  He has also filed this case incurring some expenditure for which he is entitled for cost of this litigation and we feel, a sum of Rs.2000/- towards cost in favour of the complainant will meet the ends of justice.  In the peculiar circumstances of the case, we are not inclined to award any compensation in favour of the complainant.

5.                         Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to refund Rs.1, 00,000/- with interest @ 12% p.a. from 22.07.2016 and to pay Rs.2000/- towards cost of litigation to the complainant within 30 days from the date of communication of this orders.

(to dict.)