SRI R.S.NAYAK, MEMBER … The complaint in brief is that, the above Opp. Party had introduced a distribution scheme of their valuable products intended to earn self benefit as well as some subsistence to the willing dealer/distributors. The OPs are carrying on their business throughout India including Nabarangpur District having their attractive outlets. So the complainant being influenced with the scheme proposal and after detail conversation with OP.2 agreed to be a distributor for Koraput District and after the entire formalities the OP issued him a certificate for Trade. As such the complainant paid Rs.56,204/- through net banking of SBI dt.30.10.2018, 31.10.18 & 01.11.18 for invoice no.1012 of Rs.72,408.24 (100 Nos of items subtotal Rs.1,00,567/- discount 28% Rs.28,158.76 Total balance due Rs.72,408.24 and the complainant asked the OP.s to release the consignment against the order of such deposit which is more than 50% of the total amount but the OP.2 demands another Rs.100,000/- more to be deposited and unless the ordered goods would not be consigned. The complainant contended that he being a startup had very difficultly arranged the above said amount and is not in a position to pay further payments. The complainant tried his level best requesting the OP.s to deliver the goods but instead they showed high handedness and even threatened to the complainant to do whatever he likes. Later the complainant also brought to notice of local police but for no action. Hence the complainant contended that, due to such illegal action of OP.s the complainant severely harassed which could not be evaluated in terms of money. Hence, the complainant craves the leave of this forum and seeks justice. For such illegal action of the OP.s, the complainant inflicted great humility, financial hardship and mental agony. So he prayed the Forum to direct the OP.s jointly to release the consignment as paid by complainant and a sum of Rs.1,00,000/- as compensation and Rs.10,000/- towards cost of the litigation for such arbitrary, highhanded and unfair practices on the part of OP.s and may grant any other relief as the Hon’ble forum deem fit and proper in the interest of justice.
2. The complainant heard the case minutely and filed copy of some relevant documents like Trade Certificate issued by the OP.s, invoice details of indent products & fund transfer slips of SBI in support of his case. The OP.s neither appeared nor filed their counter in the case, hence they declared ex parte and the forum decided to proceed the case basing on documents as available in record on merit. Submissions considered.
3. It reveals from record that the complainant being allured with the conversation of OP.s preferred for a distributorship of their product in Koraput District, he in total paid a sum of Rs.56,204/- through net banking in three consecutive days i.e. on dt.30.10.2018, 31.10.18 & 01.11.18 indented for 100 items of Rs.1,00,567/- which in discount of 28% accumulating to Rs.72,408.24 paise. But getting delay of consignment the complainant approached the OP.s for the quick delivery of the indent consignments but instead of release the same the OP.s further demanded another Rs.1,00,000/- from the complainant and on protest the OP.s threatened him for dare consequences. So the complainant being a law abiding approached the local police but they ups their hands to interfere the matter, hence finding no other way the complainant take shelter of this forum seeking justice.
4. It is further seen that the complainant had filed the case on 05.11.2018 and after receipt of notice the OP.s deliberately absent on dt.12.12.18, 27.12.18, 16.1.19, 31.1.19, 15.2.19, 27.2.19, 25.3.19, 9.4.19, 2.5.19, 20.5.19, 12.6.19, 1.7.19, 16.7.19, 2.8.19, 13.9.19 and 30.9.19, hence prima facie it shows great misconduct and negligence on the part of OP.s. From the record we found documents of entire transactions between the complainant and OP.s and considering the same we came to a conclusion that the OP having a biggest brand of the nation did not think it proper to appear or file a scrap of paper before the forum. Here it is clear that the complainant being an educated unemployed has difficultly arranged and deposited a sum of Rs.56,204/- through bank into the account of OP with a great hope of employment, but the OP despite receipt of the same did not deliver the consignments to the complainant as ordered. Having regard to the fact & circumstances, we are of the opinion that, the complainant has paid the amount with good faith in trustworthy according to their discussions and no wrong was committed by him in any manner. In the light of discussion, we find that due to non supply of indent consignments, the complainant has been infected to great discomfort, mental injury & financial losses. Moreover the style of functioning and system of OP is an abuse which breads other vices hence attracts the benevolent provisions of this C.P.Act 1986. The complainant after taking much strain & pain filed this present complaint before this forum to get justice. After evaluating the pros and cons of the facts and circumstances of this case, we are hereby order that,
ORDER
i. The opposite party no.1 & 2 are severally and collaterally hereby directed to refund the paid value of Rs.56,204/-, (Rupees Fifty Six Thousand two hundred & four) besides to pay Rs.20,000/-(Twenty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of this order, failing which the total awarded sum shall carry 12% interest per annum from the date of this order to till its realization. Pronounced on 30th day of Sept’2019.
Sd/- Sd/-
MEMBER PRESIDENT,
DCDRF, NABARANGPUR
