Santi Prosad Roy, Member
The case of the complainant, in short, is that that the complainant purchased 90000 pieces of Venami pin from the hatchery of the OP at a price of Rs.45000/- on 22.03.2015 for producing fish in his fishery situated at Vill.-Erinchi, P.O.- Krishnanagar, P.S.- Khejuri, Dist.-Purba Medinipur. But after 14 days of purchase, all the Venami pins died due to viral decease. The complainant informed the matter to the OP and also contacted him physically several times. The OP assured the complainant to return all the Venami pins. But, ultimately, the OP neither return the pins to the complainant nor paid any heed to his complain. As a result the complainant incurred huge loss of money and also suffered mental pain. Hence, he filed the instant case.
The OP received notice of this Forum, but did not appear to contest the case. The case, as such, is heard exparte against the OP.
Points for consideration
- Whether the complainant is entitled to relief, as sought for?
- Whether there is any deficiency in service on the part of the OP?
Decision with reason
Both the points are taken up together for brevity and convenience of discussions.
Perused the documents on record filed by the complainant. It appears that the complainant for the purpose of production of fish purchased 90000 pieces of Venami pins from the hatchery of the OP at a price of Rs.45000/- on 22.03.2015 for his own fishery situated at Vill.-Erinchi, P.O.- Krishnanagar, P.S.- Khejuri, Dist.-Purba Medinipur. But after 14 days of purchase, all the Venami pins (90000) died due to viral decease. The complainant informed the matter to the OP and also contacted him physically several times. But the OP neither supplied new pins to the complainant nor paid any sum to the complainant.
It appears from the record that the complainant is a Licensee of the Fishery Department of the Govt. of West Bengal and has got the money receipt of his payment of Rs.45000/- to the OP. The complainant truly suffered huge financial loss. He wanted to start his fishery business by purchasing Venami pins from the OP for his livelihood. But due to sheer negligence on the part of the OP, he could not start his fishery production and incurred huge financial loss and suffered mental pain. We find gross deficiency in service on the part of the OP and the OP is liable to refund the price of the pins i.e. Rs.45000/- alongwith compensation of Rs.20000/- and litigation cost of Rs.5000/- to the complainant.
Both the points, are thus, decided in favour of the complainant.
Hence,
ORDERED
that the consumer case being no. CC-39-2016 be and the same allowed exparte against the OP. The OP is directed to refund Rs.45000/- within 30 days henceforth. The OP is also directed to pay compensation of Rs.20000/- and litigation cost of Rs.5000/- with 30 days from this day, i.d. the complainant will be at liberty to execute the order as per law and in that case OP shall be liable to pay fine of Rs.100/- per day to the complainant till full and final payment.
