Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the amount of Rs. 31,000/- along with 18% interest.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that on the persuasion of agent of opposite party no. 1 he approached opposite party no. 2 for supplying 600 Pieces of Himratha Plus (2.7 Ml), 100 Pieces of Himratha Plus (50ml), 60 Pieces of Himratha plus, 100 Pieces of Sikakai oil (100ml), 80 Pieces of Amla Plus (100ml), 40 Pieces (200ml) of Amla Plus, 144 Pieces of Lal Dant Manjan and 80 Pieces of Lal Dant Manjan.
The aforesaid items were delivered to him after paying the amount + taxes as will appear from annexure – 1 and 2.
After delivery of the aforesaid product the complainant found that on that label of said product license number are not printed. Thereafter complainant came to know that opposite party no. 1 is manufacturing and selling the aforesaid product without complying the provisions of relevant act and rules. The complainant then approached opposite party no. 2 and requested him to refund Rs. 31,000/- which was paid to him for purchasing the aforesaid product but the opposite party no. 2 has not responded to his query. Thereafter the complainant sent a letter to opposite party no. 1 stating the entire fact and also requested to refund the total price but no response has been taken.
From record it appears that when the registered notice issued to opposite parties did not returned unserved then vide order dated 14.08.2015 the service on them declared valid and the opposite parties were directed to file written statement.
It is unfortunate that despite allowing several opportunity the opposite parties neither appeared nor filed written statement then they were debarred from filing written statement and the case was heard ex – parte.
It appears from record that complainant has paid Rs. 32,817/- with tax as will appear from annexure – 1 and 2. However the complainant has only prayed to refund Rs. 31,000/- only.
It goes without saying that as there is no counter version of the aforesaid fact which has been stated on solemn affirmation by the complainant in complaint petition hence we have no option but to accept the fact of the complaint in toto which clearly disclose deficiency on the part of opposite parties.
For the discussion made above we direct the opposite parties to refund Rs. 31,000/- ( Rs. Thirty One Thousand only ) to the complainant which they have received vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will pay 10% on the above said amount of Rs. 31,000/- ( Rs. Thirty One Thousand only ) till its final payment.
The complainant is also directed to return the aforesaid items containing annexure – 1 to the opposite parties at the time of receiving of the aforesaid amount from the opposite parties if the same are under custody of complainant.
Opposite parties are further directed to pay Rs. 2,000/- ( Rs. Two Thousand only ) to the complainant by way of compensation and litigation costs.
Accordingly this complaint stands allowed to the extent referred above.
Member President
