Date of filing:- 25/04/2019. Date of Order/Judgement:-09/01/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 19 OF 2019
Ankit Kumar Agrawal, S/o. Tarakhlal Agrawal, aged about 29 years, Prop. A.S. Enterprises, Barpali, Po/Ps. Dist. Bargarh (Odisha).
…. ..... Complainant.
-: V e r s u s :-
Hygiene Oil and Foods Ltd, 634/A, Sriniketan, P.C. Road, Natagarh, Kolkata, (West Bangle) 700113.
.... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri S.K. Panda with Associates.
For the Opposite Party :- :- Sri Surajit Das Majumdar, Advocate with Associates. -: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.09/01/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant dealing with sales and purchase of various products including Agarbati, Cosmetic oil, Vegetable Oil etc at. Barpali for his earning livelihood by way of self employment. On 29/10/2018 the Complainant made an advance payment of Rs. 8,73,000/-(Rupees eight lakh seventy three thousand) only towards supply of mustard Oils, Sunflower Oils and Palmoline Oils. The said amount deposited in the bank account of the Opposite party bearing account No. 34238143209, dt. 29/10/2018 in State bank of India, Bargarh Branch. After receiving the said amount, in spite of Supply of tatal value of goods, the Opposite party supplies only 320 Tins of Palm oil amounting to Rs. 3,31,199/-(Rupees three lakh thirty one thousand one hundred ninety nine) only and the rest amount of Rs. 5,41,861/-(Rupees five lakh forty one thousand eight hundred sixty one) only is still pending with the account the Opposite Party. The Opposite Party assured to provide the materials within 3 days of receiving the amount through bank but failed to do so. The Complainant requested the Opposite party for several times either supply the products for the rest amount of Rs. 5,41,861/-(Rupees five lakh forty one thousand eight hundred sixty one) only or to refund the cash so that he can utilize the money for any other product. But the Opposite party avoided on various pretext or other by making false assurance on each time. The Complainant also physically approached the Opposite party at its company by visiting with unnecessary expences towards train travelling by facing physical harassment. The Complainant finding no other way also served a pleader notice through his Advocate Sri P.K. Sahu asking the Opposite Party to refund the amount with expenses through regd post dated 14/02/2019. Which was received by the Opposite party on dated 19/02/2019 but no respond. Hence the Complainant filed this case before this Commission.
- The Case of the Opposite Party is that the Opposite party filed its version and submitted that the Complainant dealing with sales and purchase of various product including Aggarbati, Cosmetic Oil Vegetable oil which is meant for resale purposes. Further the Opposite party Submitted that the Complainant resale the products for Commercial purposes not for self employment. Hence the complainant is not maintainable and prayed for dismissal of the case.
- Perused the document filed by both the parties and following issue are framed :-
ISSUES:-
- Whether the Complainant is a Consumer of the Opposite party?
- Is the Opposite party deficient in its service?
- What relief the Complainant is entitled for ?
Issue No.1.
Learned Advocate for the Complainant submitted that the Complainant deals with sales and purchase of various products and earns his Livelihood by way of self employment. The Complainant further submitted that he has obtained Loan from Barpali, S.B.I. The Complainant has no any other source of income. Except the sale and purchase of products. Learned Advocate for the Opposite Party. Submitted that the products purchase of products. Learned Advocate for the Opposite Party. Submitted that the products purchased by the Complainant is for resale purpose. The Complainant is engaged in commercial activities and is not a Consumer as per Sec 2 (7) of the Consumer Protection Act 2019. More allegation that the Complainant is doing commercial activities are not sufficient Rebuttal evidence has not been filed by the Opposite Party. Accordingly the allegation made by the Opposite Party is not acceptable. The Complainant is a Consumer of the Opposite Party doing commercial activities with the Opposite Party but it is his sole way of earning livelihood.
Hence the Complaint is maintainable.
The issue is answered accordingly.
Issue No.2.
Perused the documents filed by the Complainant and it reveals that on 29/10/2018 the Complainant deposited an amount of Rs. 8,73,000/-(Rupees eight lakh seventy three thousand) only in the account of the Opposite Party. The Opposite Party Supplied goods for Rs. 3,31,199/-(Rupees three lakh thirty one thousand one hundred ninetynine) only. Rest amount of Rs. 5,41,801/-(Rupees five lakh forty one thousand eight hundred one) only is still pending with the Opposite Party. The Opposite party has not returned the balance amount to the complainant. The Opposite Party is taking plea that the Complainant is not a Consumer to avoid his liability. The Opposite party is duty bound to return the balance amount. But he has not returned the balance amount which amounts to deficiency in service of the Opposite Party.
Accordingly the issue is answered.
Issue No.3.
For deficiency in service of the Opposite Party the Complainant is entitled for relief the issue is answered accordingly.
Accordingly the following order is made;-
O R D E R
The Complaint is allowed on contest against Opposite Party. The Opposite Party is directed to pay return Rs. 5,41,801/-(Rupees five lakh forty one thousand eight hundred one) only to the Complainant within one month from the date of this order. Failing which the amount will carry 12% interest P.A. till realization. Further the Opposite Party is directed to pay Rs.1,00,000/-(Rupees one lakh) only compensation for harassment and mental agony and Rs. 20,000/-(Rupees twenty thousand) only for Litigation expences to the Complainant.
Order pronounced in the open court on 9th day of January 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.09/01/2023 Dt.09/01/2023
M e m b e r (w) P r e s i d e n t
UPLOADED BY
(SRI DUSMANTA PADHAN)
OFFICE ASSISTANT.
