West Bengal

Paschim Midnapore

CC/61/2013

Mahadev Samanta - Complainant(s)

Versus

Chingurkasa, Co-operative Society Ltd - Opp.Party(s)

12 Feb 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

                   Complaint case No.61/2013                                                                                        

                    BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                                          MEMBER :  Mrs. Debi Sengupta.

                                                                           MEMBER :  xxxxxxxxxxxx

 

                      Mahadev Samanta & Others five…………………………..….Complainants.

                                                      - Vs. -

                       Chingurkasa, Co-operative Society Ltd…………………… .…….Op.

                       

       Order No.11                                                                                          Dated:-12/02/14

                        

                      Case of the Complainants Mahadev Samanta and others, in short, is that they purchased manure from the Op on 24/09/12 but the Op by practicing misrepresentation, collected excess amount of Rs.38/- only per bag against separate receipt in addition to the rate of Rs.292/- (Two hundred ninety two ) only. Thus, the complainant alleged that the Op. exercised unfair trade practice in collecting the excess amount. The matter has been referred to the local Panchayet but no action has been taken by them. Ultimately, the complainant moved before us with the prayer for passing necessary direction against the  Op for return of excess money with interest and compensation of Rs.50,000/- (fifty thousand ) only with litigation cost of Rs.10,000/- (Ten thousand) only.

                 In order to support the case of the complainant has submitted certain receipts by firisty. All those are in Xerox copies.

                                                

Decision with Reasons

 

                Upon hearing the case we have carefully perused the record and it appears the notice was already refused by the Ops. resulting ex-parte hearing of the case. Accordingly, we have seen

Contd……………..P/2                   

                 

- ( 2 ) -

the documents submitted by the complainants. It appears that each and every time of purchase, receipt was issued acknowledging the payment of Rs.292/- (Two hundred ninety two) only for sale of 50 kgs. manur urea. In such event of purchase EXTIMATE SLIP of Rs.38/- only was issued on account of S.C. Such estimate slip is found to have no relation in any manner whatsoever with the cash memo against each payment receipt for sale of manure. There is no explanation as to why estimate slip for Rs.38/- in each sale of manure for Rs.Rs.292/- (Two hundred ninety two) only per 50 kgs. has come before us. So we do not find any bona fide reason for collection of extra amount of Rs.38/- by issuing estimate slip on account of S.C.

               Under the facts and circumstances as discussed hereinabove it is evident before us that the allegation as raised by the complainant on unfair trade practice against the Op has been established.

                     Hence,

                                   It is ordered

                                                        That the case be and the same is allowed ex-parte to the extent that the complainants are jointly entitled to get refund of the excess money on account of S.C. against each purchase of manure with interest @ 10% p.a. till it’s recovery. The complainants do get further amount of Rs.2,000/- (Two thousand) only on account of litigation cost payable by the Op within 30 days from this date of order, failing which the complainants shall be at liberty to proceed against the Ops. in accordance with law in this behalf.               

                  

Dic. & Corrected by me.

              Sd/-                                            Sd/-                                                              Sd/-

         President                                     Member                                                       President

                                                                                                                              District Forum

                                                                                                                        Paschim Medinipur.