DATE OF DISPOSAL: 30.05.2023

Susanta Kumar Patro, aged about 48 years

S/O Sri Simanchala Patro,

Of Gouda street, Balajipentho,

P.O: Berhampur

P.S: Badabazar.

Dist: Ganjam.

(Through Sri Sriharsa Prasad Dash, Advocate

& Associates for the Complainant)                             … Complainant

-Versus-

Hitesh Bhai R. Patel,aged about 38 years

S/O Ramesh Bhai Patel.

At: Raudapura,

P.O/P.S: Anand.

Dist: Anand (Gujarat )

Pin: 387360.

(Through NONE for the Opp. Party: EXPARTE)     … Opposite Party

PRESENT:      SRI SATISH KUMAR PANIGRAHI, PRESIDENT

                        SMT. SARITRI PATTANAIK, MEMBER (W)

Sri Satish Kumar Panigrahi, President:

1. The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practice by the Opposite Party (in short O.P.) and for redressal of her grievance before this Commission. 
2. The Opposite Party is one of the well known persons of the complainant since he was working in Utara Foods & Feeds Pvt. Ltd. at Anand in the State of Gujarat as sales executive for last four months in the year 2016 and both of them became friends and accordingly thee was visiting terms between both of them to the house of the OP. and the complainant knew that the O.P. is a manufacturer of incense stick and doing business with that product. During his stay O.P. assured the complainant to provide the raw materials if he will choose for incense stock business. Believing such sugar coated words of the O.P., the complainant sent Rs.30,000/- to the joint account of the O.P. and his wife on 18.06.2016 in the name of Seemaben Hitesh Bhai R.Patel bearing account No. 280710110007099 through Bank of India, Berhampur. But after two months of repeated approach the O.P. sent the materials i.e. incense stock and the perfume worth of Rs.19,200/- only of Khudal Industry, Anand through VRL, Logistic which are of sub standard and not feasible for marketing here. Though in the meantime more than another four months have already been passed but the OP. do not pick up the telephone calls of the complainant and do not send the materials against the balance amount of Rs.10,800/- and avoiding on different pretext as a result of which the complainant has sustained irreparable financial loss in his business in initial stage dealing with incense stocks.  Finding no other alternative the complainant sent a legal notice through advocate by Regd. Posts with A/D calling upon the O.P. to refund his total amount of Rs.,30,000/- with up to date interest and take back his sub standard materials and give compensation against the loss caused to his business due to the carelessness and deceiving attitude within ten days from the date of receipt of notice failing which the complainant  will be constrained to proceed against the O.P. and his business concerned in proper forum of law for redressal of his grievance and though he received the said legal notice on 26.12.2016 but did not refund the amount nor gave any reply. Due to such carelessness and negligent act of the O.P. the present complainant has sustained heavy irreparable financial loss from which it transpires that the O.P. has deliberatively made the deficiency in service by paying a deaf ear to the grievance of the complainant which comes under the ambit of the Consumer Protection Act. Alleging deficiency in service on the part of the O.P., the complainant prayed to direct the O.P. to pay Rs.30,000/- along with up to date bank interest,  award compensation for the mental, physical harassment and the financial loss caused to the complainant due to the carelessness and negligent act of the O.P. including the cost of litigation too in the best interest of justice.
3. Notices were issued against the Opposite Party but he neither chooses to appear nor filed any written version. Hence the O.P. set exparte on dated 06.02.2018.
4. To substantiate his case the complainant has filed affidavit in support of his case.
5. On the date of exparte hearing of the case, the complainant found absent and hence we disposed of it on merit since years old case. The complainant is also remain absent in more occasion in the Commission and not taken any steps. We perused the case record and the materials placed on it. It appears that, present complaint case is bad due to non-joinder of necessary party. And the opposite party which was impleaded in the instant case hits the principle of privity of contract. The complainant has not deposited any amount in the account of the present opposite party. Further on taking the sole testimony of the complainant in to consideration, the complainant admitted that the nature of the case is commercial. Hence this case is not maintainable and is liable to be dismissed.

In the result, in view of the above findings the complainant’s case is dismissed with no order as to costs.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 30.05.2023