Ld Advocate for the complainant is present. Judgement is ready in open Commission in 5 pages 3 separate sheet of paper. 

BY -SRI.SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainant’s case are that the Principal Opposite Party No.1 is a Producer & Supplier of Supplementary Product sand Principal Opposite Party No.2isits’ASM with whom the Complainant for the purpose of her livelihood has deposited Rs.1,07,300.00 through the bank account of Proforma Opposite Party vide an Agreement towards appointment as a Super Stockiest.
2. But, after making the full payment, the Principal Ops not delivered the product as per the Terms & Conditions of the Agreement even after several reminders by the Complainant for which she alternatively requested to refund the deposited money vide a Legal-cum-Demand Notice through her authorized Advocate but, they didn’t pay any heed.
3. Therefore, the Complainant preferred to file the instant case before this Commission.
4. The cause of action of this case arose on and from 25.08.2022.

The Complainant, therefore, prays for directing the Principal Ops:-

1. To Return/Refund the entire deposited amount of Rs.1,07,300.00 by the Principal Ops.

2. To pay Interest @12% above the claim amount from the date of receive to final payment by the Principal Ops.

3. To pay Compensation of Rs.20,000.00 for harassment, mental pain and agony, loss and damages etc.

4. To pay Litigation Cost of Rs.10,000.00to the Complainant for conducting the case.

5. Any other order/orders as this Commission deed fit and proper.

5. Notices were duly served upon the Principal Ops but, they preferred to see the case be decided ex-parte against them.

6. Under the above circumstances, the Complainant prayed for an ex-parte order against the Principal Ops.

7. Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?

8. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition of the Complainant evidence adduced along with all submitted documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that the Complainant is a consumer having grievances against the Principal Ops., as such the case is maintainable in its present form and in law.

4. From the evidence of the Complainant and the Bank Pass Book of the Proforma Op, it clearly transpires that the amount of Rs.1,07,300.00 is duly credited in favour of the Principal Op No.1 on 15.01.2022 vide a Cheque No.000633 drawn on SBI, Tamluk Branch.

5. From the trails of email dated: 20.06.2022, it is observed that the Principal Op No.1 promised to refund Rs.1,07,000.00 on 20.07.2022 to the Complainant against the email of the Proforma Op dated: 19.06.2022 and the Proforma Op also agreed with the same vide an email dated: 21.06.2022. Again on 19.07.2022, the Proforma Op sent an email to the Principal Op No.1with a reminder for refunding the said amount on the very next promised date i.e. 20.07.2022. But, they failed to do so which is actually a breach of trust as well as Unfair Trade Practice. The evidence of the Complainant has remain unchallenged to that effect.

9. Now, coming to the matter of reliefs. The Principal Ops can’t get absolved from the mischief of Unfair Trade Practice. It is obviously a duty of each and every Party of the Agreement to execute the work in accordance with the Terms & Conditions of the Agreement. Accordingly, the Complainant has duly performed the primary conditions of Agreement by paying the entire deposit money in full. On the contrary Principal Ops are not only failed to supply the materials but also made default in refunding the deposited money after making unconditional commitment for refund on 20.07.2022 vide e-mail dated: 20.06.2022.

10. So, we think that it would be just and proper, if we direct the Principal Ops to refund the entire amount of Rs.1,07,300.00 (Rupees One Lakh Seven Thousand Three Hundred Only) to the Complainant along with simple Interest @ 9% per annum from the date of filing of this case till realization, in addition to that the Principal Ops will be liable to pay Compensation of Rs.5,000.00 and Litigation Cost Rs.5,000.00 within 45 days from the date of this order.

6. Both the points are decided accordingly.

7. Thus, the Complaint case succeeds.

Hence, it is

        O R D E R E D

That the CC-160 of 2022 be and the same is allowed ex-parte against the Principal Ops.

The Principal Ops, who are jointly and severally, liable are hereby directed to refund the entire amount of Rs.1,07,300.00 (Rupees One Lakh Seven Thousand Three Hundred Only) to the Complainant along with simple Interest @ 9% per annum from the date of filing of this case till realization, in addition to that the Principal Ops will pay Compensation of Rs.5,000.00 and Litigation Cost Rs.5,000.00 within 45 days from the date of this order.

The Complainant would be at liberty to put the order into execution u/s 71 of the Consumer Protection Act, 2019 and to initiate a proceeding u/s 72 of the Consumer Protection Act, 2019.

Let a copy of this judgment be provided to the Complainant free of costs.

The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this judgment.