Orissa

Jajapur

CC/99/2019

Biswajit Dash. - Complainant(s)

Versus

Managing Director,Nagarjun Fertilizer and Chemicals Ltd. - Opp.Party(s)

Ramakanta Ghadai.

09 Dec 2021

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                        Present:    1.Sri Pitabas Mohanty, Member,

                                                                          2.Miss Smita Ray, Lady Member.                       

                                                      Dated the 9th day of December ,2021.

                                                      C.C.Case No.99 of 2019

Biswajit Dash,prop:Mahaveer Fertilizers   

S/O Duryodhan  Dash

At.  Niladeipur, P.O. Dharmasala  ,

 Dist.-Jajpur.                                                                                           …… ……....Complainant .                                                                       

                   (Versus)

1.Managing Director , Nagarjun Fertilizer & Chemicals Ltd,Nagarjun Hills    

    Hydrabad, Andhra Pradesh .

2. Regional Manager,Nagarjun Fertilizers & Chemicals Ltd, Plot No.303,

     Gokul Residency, Near Tara Tarini Mandap, G.G.P Colony,Pandara

     Vhowk, Bhubaneswar, Dist.Khurda.

3. Zonal Manager, Nagarjun Fertilizers & Chemicals Ltd, 3^rd floor,Vaibhav

    Building,No.4,Lec Road,Behind Hotel Hindustani Kolkata.

4.Branch Manager,Uco.Bank,At/P.O/Barabati, Dist.Jajpur.   

                                                                                                               ……………..Opp.Parties.                                                             

For the Complainant:                                        Sri  R.K.Ghadei ,Sri R.N.Dhal,  Advocates.

For the Opp.Parties: No.1 ,2 and 3                     Sri P.K.Ray, Sri R.K.Mohanty,  Advocates.

For the Opp.Party : No.4                                      Sri A.K.Pahil,Advocate.                                                                                               

                                                                                                    Date of order:  09.12.2021

MISS  SMITA  RAY,  MEMBER (W) .                                                  

The petitioner has filed the above dispute against the O.ps alleging not only deficiency in service but also unfair trade practice.

            The facts shortly as pr complaint petition are that the petitioner being an unemployed youth to maintain his livelihood by means self employment came in contact with O.P.no.4  and as per persuation  of O.P.no.4 contacted the sales officer  and O.p.no.3. Accordingly the petitioner discussed with sales officer and O.p.no.3 and  as per their persuation  deposited Rs.3,00,000/-  to start Nagarjun Fertilizers business to maintain his livelyhood by means of self employment since due to family disturbance the petitioner is living separately. It is alleged by the petitioner that though he has deposited the above amount by RTGS No.UCBAH19233016079 though O.P.no.4 B.M,UCO Bank ,Barabati  but it is the matter of great regreat that the O.Ps  i.e O.P.no.1,2 and 3 have not yet supplied the fertilizer to the petitioner  for which the petitioner has intimated his grievance to the collector and Dist Agriculture  officer , Jajpur and O.p.no.1 to 3 but no result. In this context  it is not out of place to clarify  that prior to deposit of Rs.3,00,000/- as per advice of O.P.no.3 ( Zonal Manager) the petitioner also had deposited Rs.1,20,000/- for supplying Nagarjun Fertilizer and the O.p.no.3 has supplied 500 bag fertilizer at the cost of Rs.1,20,000/- .In addition to it Rs.35,000/- is outstanding against O.P.no.3 since long .As the O.Ps did not supplied the Nagarjun fertilizer against the deposit of Rs.3,00,000/-  the petitioner finding no other way has filed the present dispute to direct the O.ps to refund  Rs.3,00,000/-  + security money Rs.100,000/- + outstanding amount Rs.35,000/- along with interest + Rs.50,000/- as compensation + Rs.15,000/- as litigation expenses.

            After receipt of notice the O.ps have appeared and after appearance filed their written version taking the stand that

1. The petitioner is not a unemployed youth .
2. He was doing fertilizer business since 2009  and is linked with their sister concerned firm M/S Utkal Fertilizer which is owned by petitioner’s father and during February-2018 . The petitioner gave a consent to clear up his outstanding amount of Rs.6,00,000/- of M/S Utkal Fertilizer being signed by him and till today the petitioner has not cleared up the outstanding of Rs.6,00,000/- .More over the O.ps have not  contacted the petitioner the proprietor of M/S Mahavir Fertilizer Niladeipur is the Dist of Jajpur for selling their urea stock and the petitioner knew it  from the market regarding it and made the RTGS of Rs.6,00,000/-  through UCO Bank ,Barabati to put  pressure on O.Ps to  supply of Urea. The petitioner for his own personal benefit paid  the aforesaid money to O.ps without any demand or persuation from the side of the O.Ps. Hence there is no deficiency in service on the part of the O.Ps for which the dispute is liable to be dismissed.

             On the date  of hearing we heard the argument from both the sides as well as perused the record and documents filed by the parties. After perusal of the record we are inclined to dispose of the dispute  as per our observation below:-

            In the present case it is not disputed that the petitioner has deposited Rs.6,00,000/- as stated by O.Ps in their written objection. In addition to it is stated by O.Ps that the petitioner is doing fertilizer business since 2009 which is linked with  M/S Utkal Fertilizer. Further the  consent  letter of the petitioner has been signed by him. In support of this contention from the side of the O.Ps though the burden of proof lies with the O.ps  to prove the same by producing reliable / relevant documentary evidence but in the present case the O.Ps have not filed any cognent documentary evidence to prove that the petitioner has given consent in writing  to clear up the outstanding dues amounting to Rs.6,00,000/- which is standing against M/S Utkal fertilizer for which such stand from the side of the O.Ps is not accept in the eye of law, accordingly  the O.p.no.1 to 3 are jointly and severally liable for the alleged grievance of the petitioner.

                                                                                    O R D E R

            The dispute is allowed against the O.ps. The O.P.no.1 to 3 are directed to refund Rs.3,00,000/-  the deposited amount + Rs.1,00,000/-security amount + Rs.35000/- outstanding amount. In addition to it the O.Ps are also liable to pay Rs.30,000/- as compensation and litigation expenses amounting to Rs.15,000/- to the petitioner .The above direction shall be complied within 45 days after receipt of this order, failing which the petitioner is at liberty to take action as per law for realization of the amount.

                    This order is pronounced in the open Forum on this the 9th day of  December,2021. under my hand and seal of the Commission .