It is a complaint case for deficiency of service.

            The case of the complaint in short is this that the Complaint is bonafide Consumer and Medicine distributor and stockiest of Alembic Chemical Works Co. Ltd. Veterinary Division.  The Alembic Chemical Works Co. Ltd. Veterinary Division appointed the Complainant in the year 1986 and thereafter Complainant started his business on Veterinary Division and he has done this business for self employment of his livelihood.  The opposite party on 1 & 2 are the authorized person of Alembic Chemical Works Co. Ltd. Veterinary Division, and the O.P. No.3 is the Regional Manager and O.P. No.4 is the Depot Manager of M/s, Essar Agencies.  The Complainant purchased medicine from Alembic Chemical Works Co. Ltd.

            Veterinary Division through the O.P. and he had made payment regularly to the  O.P. No.1 & 2 i.e. the authorized persons of Alembic Chemical Works Co. Ltd. Veterinary Division for supply of medicine to the Complainant and other distributors through O.P. No.3 & 4.  That generally the representative of the Alembic Chemical Works Co. Ltd.Veterinary Division visited the Distributor’s counter time to time solve their problem.  That in the middle of the year 2009 to 2019 there was no representative in this area and that time some medicines of the Complainant’s counter expired and the Complainant also informed the said matter5 to the O.P. No.3 Mr. Rajesh Sarma several time.  And as per advice of Mr. Raesh Sarma (opposite party No.3), Complainant was sending the expired medicine/goods to the Depot Manager of M/s. Essar Agencies (opposite party No.3), Complainant was sending the expired medicine/goods to the Depot Manager of M/s. Essar Agencies (opposite party No.4) through courier service on 20-03-2011 and the same has been received by the Depot Manager on 29-03-2011 that the Complainant informed about expiration of medicine/goods to the Marketing Manager of Alembic Chemical Works Co. Ltd. (Opposite Party No.2) on 30-08-2011 and 02-02-2011 but the Marketing Manager/Opposite Party No.2 had not taken any step to issue credit note against the expired medicines//goods or to send medicine/goods as per order of the Complainant or to adjust the amount with current invoice.  The Complainant sent advocate’s letters on 27-02-2012 and 26-04-2012 to the Marketing Manager of Alembic Chemical  Works Co. Ltd. Veterinary Division and one copy of said letter also forwarded to Mr. Rajesh Sarma/Opposite Party No.3.  The Complainant also sent advocate’s letter along with Xerox copies of all necessary papers to Mr. Goutam Chatterjee/Opposite Party No.1 through his Advocate Mr. Sib Sankar Mukhopadhyay on 23-05-2012.  That after receiving that Advocate’s letters the opposites have or had been taken any step or they have or had not given any reply.  The opposite parties malafiedly and intentionally have not been taken any step. The acts of the opposite parties is very much illegal and irregular and for that reason the Complainant has suffered mentally and financially.  And for that reason the Complainant has filed this complainant before this Ld. Forum praying for declaration that the Complainant is entitled to get credit note against the expiry medicines/goods, or get return the purchased value of the expired / goods amounting to Rs.17471/- from the opposite parties No.1 to 4: and for direction upon the opposite parties no. 1 & 2 make payment the amount i.e. the value of the expired medicines/goods to the Complainant as per order of Complainant dated 15-04-2011: and for direction upon the opposite party no. 3 & 4 to pay compensation of Rs.1,00,000/-  to the Complainant and litigants costs.

            Notice served upon the opposite party no. 1, 2 & 4 and the notice issued against no.3 received not claimed amounts to service.  But the opposite parties did not appear in this case and for that reason the case was heard ex-parte.

            Now the question is as to whether the Complainant is entitled to get the relief as prayed for.

                                    Decisions with reason

            The Ld. Advocate of the Complainant has filed one written notes of argument and he submitted the same fact as stated in the petition of Complainant, by producing certain documents.

            After going through the petition of Complainant and the document filed by the Complainant and the notices dated 27-02-2012 and 23-05-2012 issued by the Ld. Advocate for the Complainant addressed to the opposite party no. 1 & 2 and in absence of any contrary documents or evidence on record we find that the Complainant has been able to provide his case and is entitled to get the relief as prayed for because the opposite parties did not perform their duties and there was deficiency of service on the part of the opposite parties.  For the said intentional act of the O.Ps. the Complainant suffered much both physically and financially and accordingly he is entitled to get compensation to the extent of Rs.5000/-.  Accordingly the case is maintainable and should be allowed with cost.

            In the circumstances the above point is answered in favour of the Complainant.

            In the result the complainant succeeds.

            Hence, it is

                                                   Ordered

            That the Complaint Case no. 40 of 2012 is allowed ex-parte with cost of Rs.2000/- against the opposite parties.

            That the Complainant is entitled to get Rs.17471/- and Rs.5000/- as compensation for physical, mental, financial sufferings.

            That the opposite parties are directed to pay Rs.24471/- (Rs-17471 as cost of medicine+Rs.-5000/-+Rs.2000/-) to the Complainant within 90 days from the date of the Judgement failing which an interest @ 9% p.a. will be accrued on the same amount from the date of the Judgement till realization.

            That the Complainant is at liberty to get the decree executed according to law if necessities arise.

            Let a copy of this Judgement be supplied to the parties free of cost as per Rule.