DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO.29 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy - Member.
Siba Prasad Patro, aged- 49 years
S/O: Late Bhimsen Patra At- Old L.I.C Colony
PO/PS: Phulbani Dist: Kandhmal, Odisha. ………………………….. Complainant.
Versus .
1.Head of Reliance Communication Pvt Ltd.
Reliance Next. Link Pvt. Ltd.( Circle Office )
6th Floor, Fortune Tower,Chandrasekharpur, Bhubaneswar -751023.
2.Head of Reliance Communication Pvt Ltd.
Reliance Next Link Pvt (Head Office) Menek Mahal,
Flat No. 19-20 6th Floor, 90 Veer Nariman Road
Church Gate, Mumbai – 400020
3.Head of Reliance Next Link Pvt. Ltd( Local Office )Phulbani MEPT,
PatabalisahiPo/PS: Phulbani Dist: kandhamal( Odisha ) …………………………….. OPP. Parties.
For the Complainant: Sri H.Ch. Maharana, Advocate and his Associates
For the OPP. Parties: Sri Syam Sundar Nayak, Advocate and his Associates
Date of Order: 31-12-2016
O R D E R
The case of the Complainant in brief is that the Complainant engaged 2 numbers of vehicles bearing Registration No. OR-12A-8443 & OR-02T-3512 for the office of O.P No.3 since 2008. But the O.P No.3 had not paid him the monthly rent towards the vehicle since March 2013 amounting Rs. 34,722/- and Rs. 26,499.90 paisa respectively. The Complainant submitted the bills before O.P No.3 but the O.P No.3 remained silent and shifted his office from Phulbani. Thereafter the Complainant intimated the other O.Ps through letters and E-mails but they remained silent. Subsequently he sent a legal notice to both O.P no.1 & 2 through his lawyer but no steps were taken by them. Hence, he has filed this complaint claiming total amount of Rs. 61,221.90 paisa from the O.Ps with 12 % interest per annum from the date of dues lying unpaid. He is also claiming compensation of Rs. 10,000/- towards
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harassment, mental agony and deficiency in service of the O.ps along with Rs.10,000/- for cost of litigation.
The case of the O.Ps as per their version filed by the Advocate of the O.Ps is that the Complainant is not a Consumer and this Forum has no jurisdiction to entertain the complaint for which the Complaint is liable to be dismissed with costs.
We have heard both the learned counsel appearing for both the parties. We have gone through the complaint petition, the version filed by the O.Ps and the documents filed by the Complainant in support of his case. The O.Ps have not mentioned anything in their version to counter the allegation of the Complainant. We do not understand why the O.Ps are avoiding to answer any thing about the fact of the Complaint. So, in our opinion the O.Ps are admitting the fact of the Case. Hence, there is nothing to disbelieve the Complainant. The O.Ps failed to give reply in spite of getting pleader notice and several intimation of the Complainant. Hence, the complaint filed by the Complainant is allowed on part. The O.ps are jointly and severally directed to pay Rs.61,221.90 paisa to the Complainant with 10 % interest per annum since the date of filing of the Complaint it is from 20-08-2016 till the date of payment . In case of failure the Complainant shall be entitled to get compensation of Rs. 5,000/- from the OPP. Parties.
The C.C is disposed of accordingly. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
