DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
…………………
Presents:-
- Sri A.K.Purohit, President.
- Smt. S.Rath, Member.
Dated, Bolangir the 20th day of March 2018.
C.C.No.08 of 2018.
Santosini Das, Secretary, Zilla Udyoga Mahila Mahasangha.
At village-Jaljada, P.O.Bandhpada, P.S.-Puintala, District-
Bolangir.
.. .. .. Complainant.
-Versus-
Manoj KumarSahu, age-43 years son ofChaturbhuja Sahu.
Resident of village-Tarbha, P.O/P.S-Tarva,Dist-Sonepur.
At present residing at Head Office-Rourkela the Proprietor of
M/S.TrinityEngineeringWorks, J-5,IInd Floor, Civil Township
Rourkela, P.S.Raghunathpali, Dist- Sundargarh.
Branch Office at 489, Mahindra D.G.JShow Room,
Udit Nagar Road, Rourkela-12, Dist-Sundargarh.
.. .. .. Opp.Party.
Adv. for Complainant-Sri K.K.Tripathy & D.Biswal.
Adv. for the Opp.party- None.
Date of filing of the case- 30.01.2018
Date of order - 20.03.2018
O R D E R.
Sri A.K.Purohit. President.
1. The complainant being the Secretary, Zilla Udyoga Mahila Mahasangha at village Jaljada, has filed the present case against the O.P alleging deficiency in service. The case of the complainant in brief is that they have formed an organization as “Zilla Udyoga Mahila Mahasangha” by uniting five Self Help Group and accordingly they have formed a bye law. The aim and objects of the said organization is to support economic empowerment exclusively to women for their livelihood trade relate training information and counseling extension activities relating to product services through which they can earn their livelihood .The said organization through the S.H.Gs is eligible for financial assistance under the various schemes of the Government for self employment to earn their livelihood. So taking advantage of the scheme of the Government, the organization of the complainant intended to establish Fly Ash Bricks Plant to earn their livelihood and accordingly the members of the S.H.Gs were trained and strengthened to up lift the each trades helpless ladies. So each of S.H.Gs have linkaged their account with Allahabad Bank Bolangir Branch. The complainant being the Secretary, for installation of Fly Ash Bricks, negotiated with the O.P. who came to Bolangir and according to the negotiation the O.P issued a quotation for supply of machineries and installation of the plant. It is further alleged by the complainant that the O.P asked for payment of Rs 5,00,000/- as advance money for supply of machineries and installation of the Fly Ash Brick plant and further the O.P stated that the balance amount shall be paid after supply and installation of the plant. Accordingly the complainant keeping good faith and as per the oral terms and conditions through her five self Help groups incurring loan from Allahabad Bank paid Rs 5,00,000/- as advance to the O.P vide DD No.512731, 512733, dt. 2.4.2016, D.D.No. 512740,512737, and 512730 dated 4.4.2016 each D.D.Rs 1,00,000/- and the O.P duly receiving the same issued money receipt vide M.R. dated 2.4.2016 and 4.6.2016, to the complainant. The complainant has further alleged in his complaint petition that after payment of advance money and as per oral agreement and advise the complainant has constructed the infrastructure for installation of the machine by incurring loan and after completion of infrastructure contacted with the O.P for supply of machineries and installation of the plant,. Since completion of infrastructure the complainant requesting the O.P again and again for supply of machineries and installation of the plant but the O.P has paid a deaf ear to the same and till date, neither he has installed the plant by supplying the machineries nor refunded the advance amount taken by him. Hence this case.
2. Notice was sent to the O.P by Reg. post with A.D. in his home address at Tarbha,Dist-Sonepur, Head Office address at Rourkela and Branch Office address at Civil Township, Rourkela. The registered letter issued in the branch office address back with postal report “Insufficient Address, not found”.The registered letter issued in the home address back with postal report “ Addressee left without information” and the Regd. Letter issued in the Head office address back with postal remark “ Refused, thus return to sender”. Hence the O.P has been set exparte vide order No.4 dated 27.2.2018 and exparte hearig was taken up on 19.3.2018 .
3. Heard the learned Advocate for the complainant at length. The learned advocate has reiterated the facts as narrated in the complaint petition. Perused the complaint petition and documents filed by the complainant, very carefully. The complainant has filed the complaint petition with affidavit. On perusal of the case record, documents and the evidence put forth by the complainant in the complaint petition, by way of affidavit, I, find. there is nothing contrary on record to disbelieve the case of the complainant. The money receipts issued by the O.P show that he has received advance amount of Rs 5,00,000/- for supply of machineries and installation of the Fly Ash Bricks plant, so, it is his boundant duty to install the plant by supplying machineries after receiving the advance money, but he has failed to do so. Therefore, when the O.P has failed to install the plant, it is boundant duty, to refund the advance amount which was taken by him but he has not refunded the same because of which the complainant has knocked the door of this forum. Further the O.P has refused to the call of the Forum. Therefore, the conduct and attitude of the O.P seems to be deficiency in service and he is liable to refund the advance money along with interest thereon and compensation.
Hence ordered;
The O.P is directed to refund Rs 5,00,000/-( Rupees Five Lakhs) to the complainant along with interest thereon @ 10% P.A from 4.4.2016 till payment. Further O.P is directed to pay Rs 10,000/-(Rupees Ten Thousand) to the complainant towards compensation and cost.
Accordingly the case is disposed off.
Order pronounced in open forum this the 20th day of March 2018
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT.
