Dt. of filing – 29/05/2019

Dt. of Judgement – 18/10/2019

Mrs. Sashi Kala Basu, Hon’ble President

        This consumer complaint is filed by the Complainant namely Sri Somnath Das under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties namely 1) Green Valley Project and 2) Sri Avijit Banerjee alleging deficiency in service on their part.

          Case of the Complainant in short is that after looking the advertisement in the newspaper, on his approach Opposite Party No.2 offered him the distributorship of supplying “Clean Care Broom” for the area Ruby to Gariahat to Jadavpur under the name and style of Green Valley Project. Complainant accepted the offer for earning his livelihood and paid a total sum of Rs.1,41,500/- to the Opposite Party No.2 who is the proprietor of Opposite Party No.1. Opposite Party No.2 assured the Complainant for supply of “Clean Care Broom”. But he neither supplied the same nor refunded the entire amount. On much persuasion Opposite Party No.2 only refunded a sum of Rs.74,000/- out of total sum of Rs.1,41,500/- paid by the Complainant. So a notice was sent by the Complainant to the Opposite Parties through his Ld. Advocate which was also replied by the Opposite Parties. But Opposite Parties refused to pay the balance amount of Rs.67,500/-. Thus the present complaint has been filed by the Complainant praying for directing the Opposite Parties to refund the said sum of Rs.67,500/- with interest @ 18%, to pay compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.

          Complainant has annexed with the complaint, money receipts issued by the Opposite Party on receiving the amount paid by the Complainant, Copy of the notice dated 23/12/2016 and 08/4/2019 sent by the Complainant to the Opposite Parties through his Ld. Advocate and the reply sent by the Opposite Parties dated 13/1/2017 and 18/4/2019 through their Ld. Advocate.

          On perusal of the record it appears that inspite of service of notice, no step was taken by the Opposite Parties in this case and so the case came up for ex-parte hearing vide order dated 25/7/2019.

          So the only point requires determination is:-

          Whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

          In support of his claim that Opposite Party No.2 being the proprietor of Opposite Party No.1 offered the distributorship of supplying the “Clean Care Broom” and on acceptance of the same, Complainant paid a total sum of Rs.1,41,500/- to the Opposite Parties, Complainant has filed receipts issued by the Opposite Party No.2 as proprietor of Opposite Party No.1 on 15/4/2014 and 19/5/2014. The claim of the Complainant that he got the distributorship from the Opposite Party is further substantiated from the reply sent by the Opposite Party in response to the notice sent by the Complainant. It is admitted in the said reply that on 15/4/2014 Complainant got the said distributorship. Even though, in the said reply there are certain other claims by Opposite Party but since the case proceeded ex-parte, there is absolutely no contrary material before this Forum to counter or rebut the claim of the Complainant. So, on consideration of money receipts filed by the Complainant and the documents referred to above, as it admitted case of the Complainant that out of total sum paid by him of Rs.1,41,500/-, Rs.74,000/- has only been refunded by the Opposite Party, Complainant is entitled to the balance amount of Rs.67,500/-. However on consideration of the facts and situation of this case including the notice sent by the Complainant himself, we find no justification to pass any order as to compensation.

Hence,

                           ORDERED

CC/255/2019 is allowed ex-parte. Opposite Parties are directed to refund Rs.67,500/- to the Complainant within 2 (two months) from this date.

Opposite Parties are further directed to pay litigation cost of Rs.10,000/-, in default the entire sum shall carry interest @9% p.a till realisation.