Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Anil Kumar Singh
Member
Date of Order : 24.10.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 40,000/- along with interest.
- To direct the opposite parties to pay Rs. 50,000/- as compensation for inconvenience, loss, harassment and mental tension.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that she has purchased 500 Saplins of Royal Sagwan from opposite party no. 1 on 23.03.2010 for the purpose of earning her livelihood by means of self employment vide annexure – 1. When the aforesaid saplings were planted these began to withered away within period of two month of its plantation.
It has been further asserted that at the time of purchasing the aforesaid Saplings plants, the opposite parties had assured that they will look after the plant by supervising it from time of time which was never done as will appear from annexure – 2. When the Saplings were planted the complainant requested several time for supervising the same and thereafter the opposite parties had advised to purchase medicine upto Rs. 25,000/- which was delivered on 03.08.2010 to the complainant as will appear from annexure – 3.
The grievance of the complainant is that the Saplings were destroyed and withered away due to non – operation of the opposite parties as well as non – standard Saplings plants which were supplied by the opposite parties. Thereafter the complainant, vide annexure – 4 requested to return the amount invested by her but no action was taken.
From record it appears that when the registered notice dated 11.08.2012 sent to opposite parties did not return unserved then valid Tamila was declared vide order dated 30.06.2015. Thereafter several opportunity were given to opposite parties to file written statement and when they neither appeared nor filed written statement then they were debarred from filing written statement and the case was heard ex – parte.
It is also appears from the record that the complainant has filed an application dated 06.01.2015 praying to delete the name of opposite party no. 4 which was alloed.
It goes without saying that as the aforementioned fact have been asserted by the complainant on oath and there is no counter version of the opposite parties hence we have no option but to accept the fact stated by the complainant in the complaint petition which clearly disclose deficiency on the part of opposite parties.
We therefore direct the opposite parties to pay Rs. 40,000/- ( Rs. Forty Thousand only) to the complainant within the period of two month from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above mentioned amount of Rs. 40,000/- ( Rs. Forty Thousand only) till its final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only) to the complainant by way of compensation and litigation costs within the period of three month.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
