DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 15th day of September 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 23/03/2018
: Sri.V.P.Anantha Narayanan, Member
CC/47/2018
Priya W/o. Suresh,
Shreyas Villa, Remya Theatre,
Varode P.O Kottayi, Palakkad.
(By Advs.G.Ananthakrishnan, A.K.Philip & K.B.Priya)
Vs
Manoj Kumar
Director, Cissil Retail Management Private Limited,
T.C.40/1591,
Manakkad Post, Thiruvananthapuram District.
Residing at K.P.5/1356,
Erappukuzhi Lakshimi Madhavam,
Kudapanankunnu, Thiruvananthapuram.
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of the complaint is explained below.
Complainant has the case that her husband was going to start a supermarket in Kottayi, Palakkad under the circumstances that he would lose his job in Saudi Arabia and as per the advertisement in the “Mathrubhumi daily” of April 2015 to start “Ente Kada” Super Market Franchisees invited, as per the advice of her husband complainant contacted the opposite party who instructed her to find a shopping area of 1000 sq.ft. in which opposite party would supply products to be sold by the complainant for which she would get 5% margin. Since complainant could not get shopping area of 1000 sq.ft, opposite party agreed for 500 sq.ft. area shop room which was found by the complainant in which “Ente Kada Super Market” was started by the complainant for which a contract was signed on 29.08.2015 between the complainant and the opposite party; for registration of the shop, on 21.08.2015 Rs.1,42,500/-, to furnish the shop Rs.5,50,000/- on 31.08.2015, were sent to the opposite party by the complainant, to work in the shop three staff were appointed by the complainant as per the instruction of the opposite party. As per the contract, the opposite party should bear all the expenses for running the shop including the staff salaries; with the material sent by the opposite party to the complainant, the shop was furnished and complainant did all facilities required for the shop including shop’s electrification, glass work, carpeting work spending Rs.1.5 lakhs which were not given to him so far by the opposite party, although opposite party promised to give her this amount. Products necessary for opening the shop were supplied by the opposite party on 6th December 2015. After one week of opening of the shop, complainant was asked by the opposite party to close down the shop for fifteen days due to software complaint in the shop and as a result complainant has to suffer a huge loss. Complainant pleads that the sale proceeds of this super market were correctly sent by her to the opposite party after opening of the shop on 27.12.2015. Since the opening of the shop, for the first four months the opposite party supplied products and by May 2016 the opposite party stopped supplying products to the complainant, though complainant sent sale proceeds amounts to the opposite party. Complainant further pleads that as the products supplied by the opposite party had a date very close to their expiry date, sales were very low and from May 2016 for the salaries of three staff of the super market appointed as per opposite party’s instruction and for other shop expenses, amounts were not given by the opposite party since May 2016 and therefore from May 2016 to December 2016 staff salary, electricity, shop rent, phone bill, internet expenses etc have to be met by the complainant; about Rs.1,10,000/- towards staff salaries and Rs.1,35,000/- towards other expenses complainant expended. According to the complainant, about Rs.3,25,000/- worth of goods got expired because the goods supplied by the opposite party were near to their expiry date and as per opposite party’s instruction they were destroyed at complainant’s cost. Complainant was forced to close down the shop on 31.12.2016 because, since May 2016 goods were not supplied to the complainant. Complainant prays that totally Rs.10,87,500/- have to be got from the opposite party with 12% interest, towards mental agony suffered and financial losses incurred by the complainant. Hence, this complaint is filed before this Forum.
Complaint was admitted and notice was sent to the opposite party to enter appearance and file version, but the notice was returned stating unclaimed. Hence opposite party’s name was called absent and he was set ex-parte. Opposite party did not file version.
Complainant filed chief affidavit and Ext.A1 to A4 were marked from the side of the complainant. Complainant was also heard.
The following issues are considered in this case.
- Whether there is any deficiency in service and/or unfair trade practice on the part of the opposite party?
- If so, the remedy and relief available to the complainant?
Issues 1 & 2
Complainant and opposite party entered into a contract on 29.08.2015 known as “SUPER MARKET JOINT VENTURE BUSINESS AGREEMENT” marked as Ext.A1 showing various words and expressions and their meaning and the terms and conditions of the conduct of joint venture business. The lawyer notice dated.06.09.2017 sent by opposite party’s counsel to the complainant is marked as Ext.A2 which demands the complainant to pay to the opposite party Rs.7,04,286/- plus interest to date in his bank account and warns of taking of legal action against the complainant, if the said amount is not paid. A copy of the reply notice dated.05.10.2017 sent by the complainant’s counsel to opposite party’s counsel is marked as Ext.A3 which demands the opposite party to pay to the complainant Rs.9,45,000/- plus interest. A notice dated.27.11.2017 sent by Advocate N.Hari Gopal to the complainant is marked as Ext.A4 demanding the complainant to solve the issue through mediation.
No version and no contra documentary evidences were filed by the opposite party before this Forum.
We have gone through the contents of affidavit and perused the documents filed by the complainant before this Forum. We observe that if at all, there was any contra evidence for the opposite party, he should have appeared before this Forum and submitted his version, affidavit and other documentary evidences to rebut the evidences produced by the complainant. Since there is no contra evidence before us from the opposite party, we are inclined to accept the complainant’s affidavit and her documentary evidences submitted before this Forum.
After considering all the facts and circumstance of the case we are of the view that opposite party has the liability to pay Rs.1,42,500/- (Rupees one lakh forty two thousand five hundred only) collected by the opposite party from the complainant by way of registration fees for entering into “the Super Market Jointventure Business Agreement” because complainant was forced to close down the said super market on 31/12/2016 due to non supply of goods to the complainant by the opposite party, since May 2016 and Rs.2,45,000/- (Rupees two lakh forty five thousand only) met by the complainant towards payment of salary to the staff of “Ente Kada Super Market” appointed as per opposite party’s instruction and towards payment of electricity charges, shop rent, phone bill and internet expenses which should be met by the opposite party as per the above mentioned
agreement. Facilitation charges of Rs.5,50,000/- (Rupees five lakh fifty thousand only) cannot be claimed by the complainant from the opposite party because these charges are facilitation charges spent by the opposite party to meet the expenses of interior decoration and furnishing of the supermarket building which should be reimbursed to the opposite party by the complainant as per the above agreement entered into between the complainant and the opposite party; further, the facilitation charges of Rs. 5,50,000/- (Rupees five lakh fifty thousand only) collected by the opposite party from the complainant was for making permanent expenditure for the purpose of interior decoration and furnishing of the business premises of the said super market.
Under the above circumstances, we decide to allow the complaint. We direct the opposite party to pay Rs.1,42,500/- (Rupees one lakh forty two thousand five hundred only) towards registration fee charged from the complainant, Rs.2,45,000/- (Rupees two lakh forty five thousand only) towards the payment of salary to the staff along with Rs.10,000/- (Rupees ten thousand only) for mental agony suffered by her and Rs.5,000/- (Rupees five thousand only) towards cost of proceedings incurred by the complainant.
This order shall be complied within one month from the date of receipt of this order; otherwise complainant is also entitled to 9% interest p.a on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 15th day of September 2018.
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Original “Super Market Joint Venture Business Agreement” between the
complainant and opposite party
Ext.A2 - Notice dated.06.09.2017 issued by opposite party’s counsel to the complainant
Ext.A3 - Reply notice dated.05.10.17 sent by the counsel of complainant to the counsel of
the opposite party
Ext.A4 - Notice dated.27.11.2017 sent by Advocate.N.Harigopal to the complainant
Exhibits marked on the side of Opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.5,000/-
