Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 20.11.2015

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to refund the amount of Rs. 2,01,000/- ( Rs. Two Lac and One Thousand only ) paid as security deposit along with an interest @ 18% per annum from 14.08.2010 till full and final payment.
2. To direct the opposite parties to refund the entire amount paid for supply of L.P.G. cylinder stove gas pipe and regulator along within an interest @ 18% per annum.
3. To pay Rs. 4,00,000/- ( Rs. Four Lac only ) as Compensation.
4. To pay Rs. 15,000/- ( Rs. Fifteen Thousand only ) as litigation costs.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. The complainant in response to the advertisement published by the opposite parties applied for dealership of Gas Agency and entered into an agreement on 14^th August 2010 whereunder the complainant paid Rs. 2,01,000/- as a security deposit. ( Annexure – 1 )
2. It is submitted that G.N. India gas Pvt. Ltd. is a company incorporated under the provision of Company’s Act 1956 and is in lawful custody and possession of L.P.G. Bottling plant situated at Bihata Shivala Road, Patna for the purpose of bottling marketing, steering, distributing and selling of the complete range of bulk and packed L.P.G. under the trade mark G.N. India Gas.
3. It is relevant to mention here that the terms and condition of the agreement are never violated by the complainant.
4. The complainant entered into the agreement with the said company only for the purpose of earning his livelihood by means of self employment.
5. The complainant requested the opposite parties to supply 120 liquefied petroleum gas as per the demand of sub dealer and paid the price of same decided or determined by the company through the sub dealer of complainant. But the liquefied petroleum Gas cylinders were not supplied within the prescribed period and the regulators and pipes were also not supplied. ( Annexure – 2 )
6. The complainant on 19.01.2011 made a request to the opposite parties to supply 90 L.P.G. cylinders as per the demand of his sub dealer and paid the price of same i.e. the amount of Rs. 2,59,298/- ( Rs. Two Lac Fifty Nine thousand two Hundred Ninety Eight only ) demanded by the company through the sub dealer of complainant but after 17 days, only 75 L.P.G. cylinders were supplied and the reason for non – supplying of remaining L.P.G. cylinders has not been communicated to the complainant even after making request to the opposite parties several times. ( Annexure – 3 )
7. The complainant desired to discontinue the agreement on a valid ground before the contractual period, so, he submitted the application on 17.03.2011 in the office of company and requested to refund the money and the said application was received by the company. ( Annexure – 4 )
8. After receiving the said agreement the cheque no. 7355 for Rs. 1,91,337/-, cheque no. 066172 for Rs. 1,91,237/-, cheque no. 007356 for Rs. 72,000/-, cheque no. 044611 for Rs. 30,000/- , cheque no. 27 for the Rs. 1,31,237/- and cheque no. 044612 for Rs. 30,000/- were issued on behalf of opposite party no. 1 for refunding the money to the complainant and all the cheques were dishonoured by the Bank. ( Annexure – 5 )
9. The grievance of the complainant is fair just and reasonable.
10. It is relevant to mention that the opposite parties totally failed to honour their commitment made at the time of agreement and also failed to comply with the terms and conditions of the agreement. In this regard, the complaint was made several times even then no any steps has been taken to redress the genuine grievances of the complainant.
11. The cause of action are so within the jurisdiction of this forum and this forum has territorial and pecuniary jurisdiction to try the present complaint.
12. The present complaint is being filed within the period prescribed under section 24A of the Act.
13. The complainant has not preferred any complaint before this forum on the present subject matter earlier.

The facts asserted by the complainant has been narrated in foregoing paragraphs but even at the cost of repetition some facts are again being narrated for the sake of recording our findings on the matter in issue. It is the case of the complainant that he has entered in an agreement with opposite parties Vide Annexure – 1 for supply of the L.P.G. Cylinders for the purpose of bottling, marketing, storing and distributing and selling the complete range of packed L.P.G. under the Trade mark of opposite party no. 1. At the time of agreement the complainant has paid Rs. 2,01,000/-. Thereafter as per the advertisement published by opposite party the complainant requested the opposite parties to supply 120 L.P.G. Cylinders after paying the price through Sub dealer but aforesaid Gas Cylinders were not supplied. The complainant has further asserted that Vide Annexure – 3 he deposited Rs. 2,59,298/- for supply of 90 L.P.G. Cylinders but only 75 L.P.G. Cylinders were supplied beyond the period as will appear from Annexure – 3.

Seeing the attitude of opposite parties the complainant expressed his desire to discontinue the agreement on valid ground and he submitted the application on 17.03.2011 which was received by the opposite parties as will appear from Annexure – 4. It is further case of the complainant that thereafter complainant issued 6 six cheques through Annexure – 5 series but the aforesaid were dishonoured and returned due to insufficient Balance. The complainant has annexed the photocopy of return memo which has been annexed as Annexure – 5 series. The grievances of the complainant is that despite receiving the amount as per Annexure – 1 the opposite parties did not acted as per agreement and has duped by the complainant by issuing cheques in favour of the complainant even after knowing the fact that the opposite parties have not sufficient fund in their account.

From judicial record it appears that when the registered notice send to the opposite parties did not returned then Vide Order dated 31.03.2013 the service of notice was declared as valid and when the opposite parties did not appeared despite service of notice then this case was fixed for ex – parte hearing and after a long gap this case was heard ex parte on 29.04.2015 and after hearing the only complainant counsel this order is being passed.

It is needless to say that facts asserted in the complaint petition as well as Annexure – 1, 2, 3, 4 and 5 series definitely proves the complaint case because there is no counter material on the record to prove otherwise.

For the reason stated above we find and hold that the opposite parties have committed deficiency by not acting as per their agreement.

Accordingly we direct the opposite parties to refund the amount paid at the time of agreement i.e. 2,01,000/- ( Rs. Two Lac One thousand only ) and the amount paid for 90 L.P.G. Cylinders as per the demand of Sub dealer i.e. 2,59,298/- ( Rs. Two Lac Fifty Nine Thousand Two Hundred Ninety Eight only ) along with interest @ 10% ( Ten ) per annum within three months from date of receipt of this order or certified copy of this order failing which the interest will be @ 12% ( Eighteen ) per annum till its final payment.

Aforesaid opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of three months.

Accordingly, this case stands allowed to the extent indicated above.

                                        Member                                                                   President