IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                              CASE No.  CC/154/2018

 Date of Filing:                          Date of Admission:                                         Date of Disposal:

   19.09.2018                                       01.11.2018                                                20.12.2022    

Complainant:  Ram Sundar Bhakat,

                         S/O- Late Narayan Bhakat,

             3 No. Kunja Chandra Lane,

             P.O.- Khagra, P.S.- Berhampore,

             Dist- Murshidabad, Pin- 742103.

-Vs-

Opposite Party:  Mr. Irshad,

                S/O Zakir Hussain,

                            Vill- Biki, P.O. & P.S. Shikaripu,

                            Dist- Shivamogga, Karnatak,

                Pin No. 577427                       

Agent/Advocate for the Complainant                        :   Saugata Biswas

Agent/Advocate for the Opposite Parties                  :   None

           Present:   Sri Ajay Kumar Das…………………………..........President.     

               Sri. Subir Sinha Roy………………………………….Member.                        

                             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   SMT. ALOKA BANDYOPADHYAY,  MEMBER.

   This is a complaint under section 12 of the CP Act, 1986.

One Ram Sundar Bhakat (here in after referred to as the Complainant) filed the case against Mr. Irshad (here in after referred to as the OP) praying for compensation alleging deficiency in service on the part of the O.P.  

The sum and substance of the complaint case is as follows:-

The Complainants runs wholesale business of onion, ginger and garlic for his livelihood and earned bread and butter for his family. The Complainant for purchasing 16 tons of ginger from the O.P. paid a sum of Rs. 92,000/- on 15.05.2018 through S.B.I. vide Account No. 37332277315 and again make payment of a sum of Rs.5,00,000/- vide N.F.T. NRTGS/PUNBR52018051711715768/0133602245 on 17.05.2018. The O.P. assured to deliver the aforesaid quantity of ginger within 15 days from the date of transaction but from the month of June, 2018 till date the O.P. neither supplied any quantity of ginger to the Complainant nor refunded the aforesaid amount.

  Finding no other alternative the complainants filed the instant case before the District Commission for appropriate relief.

Defence Case

 After due service of the notice the O.P. did not appear before this Commission to controvert the plea of the Complainant for the reason best known to him. So, the case proceeded ex-parte against the O.P.

On the basis of the complaint and the documents filed by the complainant the following points are framed for proper adjudication of the case:

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly, the Complainant is a consumer as he has paid Rs. 5,92,000/- in order to purchase 16 tons of ginger from the O.P. as per their agreed condition.

The Complainant in order to purchase 16 tons of ginger from the O.P. deposited a sum of Rs. 92,000/- on 15.05.2018 through S.B.I. vide Account No. 37332277315 and again on 17.05.2018 paid a sum of Rs. 5,00,000/- to this O.P. vide N.F.T. NRTGS/PUNBR52018051711715768/0133602245 through P.N.B. but till date the Complainant neither received any ginger nor got refund of the said amount.

The O.P. after service of the notice did not appear to controvert the plea of the Complainant. The Complainant filed a petition of complaint with an affidavit. So, there is less scope to disbelieve the contention of the Complainant and the documents filed by the Complainant corroborates the above facts stated by the Complainant.

Considering the facts and circumstances of the case and the documents filed before us and the argument advanced by the Ld. Advocate for the Complainant we are of the view that the Complainant has been able to prove his case and he is entitled to get relief as the deficiency of service on the part of the O.P. is clearly observed by not delivering the aforesaid quantity of ginger or not returning  the aforesaid amount paid by the Complainant. So, the Complainant should get the agreed amount paid by him (Rs. 92,000/- + Rs. 5,00,000/-) totaling Rs. 5,92,000/- along with compensation and litigation cost.                    

Reasons for delay

The Case was filed on 19.09.2018 and admitted on 01.11.2018. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed ex-parte.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/154/2018 be and same is allowed ex-parte.

The O.P. is directed to pay a sum of Rs. 5,92,000/- to the Complainant.

The O.P. is further directed to pay a sum of Rs. 50,000/- for mental pain and agony and Rs. 2,000/- for litigation cost to the Complainant.

All the aforesaid order must be complied with within 30 days from the date of passing of this order.

If the aforesaid order must not be comply with within the stipulated period it shall carry an interest @ of 6 per cent per annum payable to the Complainant from the date of passing of this order till realization of the awarded amount of money.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

Member

 Member                                                            Member                                        President.