Orissa

Cuttak

CC/13/2016

Bibhu prasad Biswal - Complainant(s)

Versus

Managing Director,Bakers Inn Global Pvt Ltd - Opp.Party(s)

R K Mohanty

23 Sep 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.13/2016

 

Bibhu Prapsad Biswal,

Representing as Managing Partner of

M/s. Maa Mangala Traders,

Super Stockist  of FMCG Products,

Plot No.558/F,Nua Sahi,Gandarpur,

Colelge Square,Cuttack-753003.                                                  .… Complainant.

 

Vrs.

1.         Managing Director, Bakers Inn Global Pvt. Ltd.,

176/2, Linkwell Building, Tadbund.Secunderabad-500009,A.P,India

 

2.        Authorized Signatory, Bakers Inn Global Pvt. Ltd.,

C/O: Ahalya Foods & Beverage,

Plot No.PP-56,Pandav Nagar,

Badagad Brit Colony,Bhubaneswar,

Dist:Khurda.                                                                                     … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    03.02.2016

Date of Order:  23.09.2017

 

For the complainant  :    Mr. R.K.Mohanty,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant was appointed as a super stockiest to deal with the products of Bakers Inn Global Pvt. Ltd. for Cuttack district on 24.1.2014.  The complainant after being appointed as a super stockiest under the O.Ps was allowed to deal with various products manufactured by the O.P.  While closing business with the O.P, the complainant made damage stock claim on 23.6.14 and the same was assessed at Rs.40,859/- vide credit note no.065 dt.13.08.14.  The stock worth of Rs.1,91,336.21 was assessed by the Local ASM engaged through O.P No.2 at Gandarpur,Cuttack office.  The value of destroyed stock as assessed by the Company Rs.40,859/- and Rs.1,91,36.21 in total Rs.2,32,195.21.  The stock worth of Rs.2,32,195.21 was damaged in presence of the representative of O.P No.1 on 13.08.2014 at Gandarpur,Cuttack.  The value of the destroyed stock as assessed by the Company was not credited to the complainant’s account by O.P Company.  So the complainant served a notice against the O.P 20.06.2015 claiming payment of the said amount.  On receipt of the notice dt.20.06.2015, a reply was made on behalf of O.P No.1 on 16.7.15.  In the said reply the O.P No.1, declined  to pay the value of the damaged stock of Rs.1,91,336.21 and intimated regarding credit to the complainant’s account a sum of Rs.40,859/- in the month of August,2014.    But no amount as stated was credited to the account of the complainant. Another notice served against the O.P. on 9.11.2015 claiming payment of the entire damaged value of the stock from the O.P No.1, but neither any reply has been communicated nor the amount as claimed by the complainant has been paid or credited to the complainant’s account by the O.P.  The stock worth of Rs.2,32,195.21 was damaged in presence of the representative of the O.P No.1 on 13.8.14 at Gandarpur,Cuttack.  In the reply dt.16.7.15, though a stand was taken regarding credit of Rs.40,859/- to the complainant’s account in the month of August,2014 but no such amount has been credited.  Similarly the O.P Company in its reply dt.16.7.15 to the complainant declined to pay the value of the damaged stock of Rs.1,91,336.21 though the complainant is entitled to get the above said amount.
2. The O.Ps neither attended the hearing nor filed any written version for which the O.Ps were set exparpte on 10.08.2016.
3. We have gone through the case records in details and came to know that the complainant was appointed as a super stockiest to deal with the products of O.P No.1.  The damage stocks were valued at Rs.40,859/- vide redit note No.065 dt.13.08.2014 but not actually reimbursed/credited to the account of the complainant.  Again damage stocks were valued at Rs.1,91,336/-.21p which were asesed by local ASM but the same was declined by O.P No.1 vide letlter dt.16.07.2015.
4. O.P No.1 & 2 neither attend the hearing nor filed any written version for which we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted statement of the complainant.  Basing on the facts and circumstances as stated, we have concluded that the complainant has not received a sum of Rs.40,859/- even if the O.Ps had intimated the complainant vide letter dt.16.07.2015 that a credit note was issued vide No.065 dt.13.08.2014 for the purpose.  We have also concluded that a sum of Rs.1,91,336.21p as claimed by the complainant towards damaged stock is not paid to the complainant.  Thus the O.Ps are found deficient in rendering service.

                                                                                        ORDER

Basing on the facts and circumstances, the O.Ps are directed to pay the complainant a sum of Rs.40,859/- and a further sum of Rs.1,91,336.21p towards cost of damaged stock.  O.Ps will also pay a sum of Rs.10,000/- to the complainant as compensation towards mental agony.  That the O.ps will pay a total sum of Rs.2,42,195.21p to the complainant within a period of 45 days from the date of receipt of this order, failing which the complainant  is at liberty to take shelter of this Hon’ble Forum under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 23^rd    day of September,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                       Member (W)                                                                                                                                                                                                                                                                                                                                                               (Sri D.C.Barik)

                                                                                                                 President.

                                                                                                        (Sri B.N.Tripathy )

                                                                                                                Member