Date of filing: 16/07/2021                                        

Date of Judgment: 28/11/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                                  BRIEF FACTS

The fact leading to the complaint case in short is that complainant had placed an order for supply of 2000 Kgs. of apple @ Rs. 70/- per Kg. amount to Rs. 1,40,000/- in total. He paid the entire amount of the price of the apple by way of cheques on the same date i.e. on 12/12/2020 but till 23/03/2021 opposite party neither delivered the apple as ordered nor refunded the said amount to the complainant despite repeated request and ultimately he issued a demand notice to the OP for delivery of the fruits or refund the amount. But the OP did not pay any heed to his demand. So OP filed this complaint before this commission praying several reliefs including compensation and cost of litigation.

OP did not contest this case by filing any written version and evidence.

So the point of consideration is whether the complainant is entitled to relief(s) in this case?

                                                                 FINDINGS

 Complainant filed his evidence and also the copies of documents. We have gone through the same. Annexure – I reveals the date of purchase was 13/12/2019 where 2000 Kgs. of apple was ordered by the complainant @ Rs. 70/- per Kg. So the price of the said apple was Rs. 1,40,000/- in total. Complainant is also found to have paid the said amount by issuing two cheques one being no. 596894 dated 12/12/2019 for Rs. 35,000/- and No. 596893 also dated 12/12/2019 for Rs. 1,05,000/- drawn on YES Bank, Sector – V and the money receipt Annexure – 2 were issued by the OP. Apart from that complainant produced one certificate of holder of 2000 Kgs. of apple which was also issued by the OP. But the OP failed to deliver the said product. Complainant issued a notice through his Advocate on 23/03/2021 demanding from the OP to refund the whole amount to the complainant within 15 days from the date of receipt of that notice. But the OP failed to comply with the requirements of the said notice. In fact the OP did not appear to contest the case and refute the contention and allegation of the complainant. In this case complainant prayed for delivery of fruits in accordance with the certificate and invoice dated 13/10/2019, compensation and cost of litigation. Though we find the complainant had demanded by a letter sent through his Advocate for refund of money from the OP. In such a situation where, we find the order for the apple was placed long back in the month of December, 2019 and we are now in the year 2023 almost about 4 years elapsed, it would be proper and justified to pass an order directing the OP to refund the entire amount of Rs. 1,40,000/- along with simple interest @ 9% p.a. from the date of payment i.e. 12/12/2019. This apart the complainant is also entitled to Rs. 6,000/- towards cost of litigation.

Accordingly it is

               Ordered

That the instant complaint stands allowed exparte against OP

OP is directed to refund the amount of Rs. 1,40,000/- to the complainant along with interest @ 9% p.a. from 12/12/2019.

OPs also directed to pay Rs. 6,000/- towards cost of litigation.

OP is directed to make the aforesaid payment within 30 days from the date of this order failing which the OP shall be liable to pay the said amount along with simple interest @ 12% p.a. only till realisation and the complainant shall be at liberty to proceed in accordance with Law.

Dictated and corrected by me

President