Orissa

Rayagada

CC/55/2018

Sri Rabindranath Kabir - Complainant(s)

Versus

Manager, Safari Groupslfe Enterproses - Opp.Party(s)

Self

23 Nov 2019

ORDER

                        

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 55 / 2018.                               Date.    07   .    11   . 2019.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                      President

Sri Gadadhara  Sahu,                                                        Member.

Smt.Padmalaya  Mishra,.                                                Member

 

Sri  Rabindranatha  Kabir, C/O: Bisam  Kabir, At:Chatikona, Po:Chatikona, Via:Bissamcuttack,  Dist: Rayagada, Pin No. 765 019.  Cell No. 9777252503

                                                                                                …. Complainant.

Versus.

1.The  Manager, Safari Groups of Enterprises, Plot No. 820/ 3389, Nilakantheswar Marg,  2^nd. Floor,  Siddhi House,  Near  Jagannath Temple, Delta Square, Baramunda, Bhubaneswar- 751 003.

                                                                                                … Opposite parties.

 

For the Complainant:- Self.

For the O.Ps:- Set exparte.

JUDGEMENT

 

The  factual matrix of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps    for non provide of raw materials  required for productions of CFL bulbs as per agreement  for which  the complainant  sought for redressal of the grievances raised by the complainant

The Back ground  facts in a nutshell  are that   the complainant is a educated unemployed youth searching for good job and for his self employment  of livelihood  as per the advertisement of the O.P. has  made an agreement between the O.P and complainant  on Dt. 22.1.2018 the O.P. mainly deals with supply of machineries  for micro industries/SSI is to eradicate the unemployment  problem.  The O.P. works with a motto to  establish some Micro industries which will facilitate  the unemployed fellows to earn their  livelihood in a smart manner with    all  dexterity.  The complainant is an unemployed  yough who is  desirous to establish a CFL & LED bulb production unit and accordingly applied to the O.P. for installation of this aforesaid unit and accordingly applied to the O.P. for installation of this aforesaid unit related machinery. As  per agreement  the O.P.  will be provided raw materials  required for the productions of CFL bulbs to the complainant. Accordidng to  agreement the complainant  has deposited Rs.12,000/- but the  O.P. has not supplied the  items  mentioned in the bill except  soldering machine.  The complainant  has made  100 bulbs and    sent  the same to the O.P. but till date the O.P. has   not made any correspondence. When the complainant  recall over phone the O.P made  switch  off to the mobile  and  has not contacted with the complainant  over the above matter. Hence this C.C. case.  The  complainant prays the forum direct   the O.Ps to  refund deposited e amount along  with  interest from the respective date of deposit till realization  and  grant such other relief  as the hon’ble forum deems fit and proper under circumstances of the case  for the best interest of justice.

On being noticed  the O.Ps  neither   entering in to appear before the forum nor filed their  written version inspite of more than  15 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 1(One) years   for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps are against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.Ps.  were set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

 

         FINDINGS.

                Undisputedly  the  complainant  had paid  an amount of Rs.12,000/-  to the O.P. vide  Bill/cash memo  No. 3682 Dt. 22.1.2018   for  supply of  Punching machine,  B.Try, Tool Kit  set, Series Board, 1 year service agreement, 200 pieces  CFL & LED bulb raw materials  will be supplied by the O.P. to the complainant(copies of the Bill/cash memo is in the file which is marked as Annexure-I). Further there is no dispute the O.P. had made an agreement with the complainant  on Dt. 22.1.2018 (Copies of the agreement  is in the file  which is marked as Annexure-2).

            The main grievance of the complainant is that  as per the agreement the O.P. had not  supplied the items mentioned in the bill except   soldering machine inspite of  repeated contact to the O.P. from time to time.  Hence this C.C. case.

In the instant case,   there was contract between the parties that is to be examined  to what exent its obligations are fulfilled.  The O.Ps in the  instant case had made an  agreement  on Dt. 22.1.2018  with the  complainant to provide raw materials for manufacturing of CFL/LED bulbs. To that effect  they made an agreement with the complainant and  thereafter the O.P.  had not supplied the raw materials to the complainant and not contacted with the complainant inspite of repeated  phone call by the complainant.  This has undoubtedly   made the  complainant aggrieved and approached   this forum   against the O.Ps on grounds of breach of contract/agreement.  

In this connection this   forum   refered  the Section-73 of the Indian Contract  Act.

Section- 73 in The Indian Contract Act

            Compensation for loss or damage caused by breach of contract—When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.

In view of the Sec.73 of the Indian Contract Act, we passed the order and  disposed of the matter with the following direction.

                                        

The O.P has not filed a single piece of document to substantiate  his case. Hence, we believed the contentions alleged against the O.P and  allowed the complaint in part against the O.P and passed the order on the basis  of the  above contract  Act.

This forum found  in the present case in  hand there is a gross neglience and deficiency  of  service  on the  part  of  O.P. for not executing the  agreement  Dt.22.1.2018 which was  signed  by the O.P.

In view of the above discussion relating to the above case and  In Res-IPSA-Loquiture  as well as  in the light of the settled legal position  discussed  as above referring citations the plea of the  O.Ps to avoid the claim  which is Aliane Juris. Hence  we allow the above complaint petition  in part.

Hence  to  meet the  ends of justice, the following order is passed

.                                                                                      ORDER

        In resultant  the complaint  is allowed in part on exparte.

The Opposite  Party is directed to refund the  invested amount a sum of Rs.12,000/- along with  interest  @ Rs.9% per annum  from the date of  respective deposit  i.e on 22.1.2018 till realisation.  Parties are left to bear their own cost.

 

Dictated and corrected by me.

        Pronounced in open forum today on this      7th. day of November, 2019 under the seal and signature of this forum. Supply the copy of order free of cost to the parties.

Member                                              Member.                                    President