DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.34 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri G. Anil Kumar Patra, aged -40 years.
S/O: G. Kotesu Patra,
Proprietor of M/S Vikash Corporation
At: Main Road, PO/PS: Phulbani Town.
Dist: Kandhamal . ……………………….. Complainant.
Versus.
1. Managing Director,
M/S- Arise India Limited.
Regd Office – B/38 Cabin Office No-1.
2nd Floor, Jain Chowk, Mangala puri,Polam.
New Delhi – 110045. …………………………….. OPP. Parties.
For the Complainant: Sri Manoj Kumar Sahoo, Advocate and his Associates.
For the OPP. Parties: None.
Date of Order: 29-11-2017
O R D E R
The case of the Complainant in brief is that the O.P is a manufacturing company in the name and style as M/S Arise India Limited and he is one of the vendor of the O.P and promoted the sale of his product within the Kandhamal District. On 06-06-2013 the Complainant issued two blank cheques bearing No.557365 & 557366 in favor of the O.P as security deposit, as per condition of the O.P.He started his business after paying 50 % on total billing amount and shifted the products from the O.P. The O.P assured to provide necessary warranty service in case of defect of the product but the O.P did not provide any service to the customers even after several approach. Due to non cooperation of the O.P the Complainant wind up the business transaction with the O.P since last one year and return back the remaining unsold products to the O.P. He requested the O.P to finalise the accounts but he remained silent. On 01-09-2017 he got a pleader notice from the O.P wherein it is stated that the cheque bearing No. 557365 dated 24-07-2017 of the ECO Bank, Phulbani was returned
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back with an endorsement as “Exceeds Arrangement”. The O.P never demanded any money from him before 01-09-2017 as the business transaction has been wind up since one year back. The O.P was taking advantage of the good faith and harasses the Complainant and filled up the cheque without finalizing the amounts. He has not sent any demand letter but sent this pleader notice by violating his Conditions .The attitude of the O.P amounts Unfair trade Practice and deficiency in service on his part. Hence, this Complaint filed by the Complainant for a direction to the O.P to finalize the accounts with the Complainant. He claimed Rs. 20,000/- towards compensation and Rs. 5,000/- towards cost of litigation.
The O.P was set exparte in this case as he failed to appear in spite of getting notice.
We have heard the Complainant and his advocate. We have gone through the complaint petition and the copy of the pleader notice given by the O.P. It is submitted by the learned Advocate of the Complainant that the Complainant has not received any demand letter from the O.P before receiving the pleader notice dated 01-09-2017. On perusal of the pleader notice it is seen that the details of item regarding the outstanding amount of Rs. 1, 70,890/- are not mentioned in the body of the notice. It is pointed out in the notice that the alleged cheque was returned back vide returning memo dated 03-08-2017. But the O.P has not approached the Complainant regarding this outstanding amount but directly sent a pleader notice to the Complainant who is a Consumer under the O.P. As per C.P Act “ Unfair trade practice means a trade practice which for the purpose of promoting the sell, use or supply of any goods or for the provision of any service , adopts any unfair method or unfair or deceptive practice” In the said case the O.P was not giving proper opportunity to the Complainant to know regarding the status of the account of their business, after closing the business with the Complainant. The O.P is not interested to contest the case, the reason best known to him. The Company was using the blank cheque given by the Complainant on good faith for his own benefit which is an unfair method amounts to unfair trade practice on the part of the O.P. Hence, the complaint filed by the Complainant is allowed in part exparte against the O.P.
The O.P is directed to finalize their business account fairly with the Complainant and not to claim the cheque amount as the same is prepared by the O.P to harass the Complainant. In case of failure, the Complainant shall be liable to get compensation of Rs. 10,000/- from the O.P.
With the above direction the C.C is disposed of. Supply free copy of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
