MR RAMSANKAR NAYAK, MEMBER … The history of case in brief is that, the present opposite parties are the dealers of fertilizer within the local area of Raighar, hence the complainant applied for dealership of bio fertilizer to the above OP.s to sale the local area for the purpose of her livelihood by means of self employment. As per demand of OP.s the complainant deposited Rs.20,000/- as advance on dt.10.02.15 through S.B.I., Raighar in the a/c of OP.s bearing No.30409303907 and the complainant obtained cash receipt bearing No.1001 dt.10.02.15 of OP.2 in the name of Basant Kumar Malik. After that the OP.s unless provide the fertilizer again demanded Rs.70,005/- and the complainant deposited the same on dt.13.02.15 to the a/c of OP.s through S.B.I., NEFT. Later the OP.s assured the complainant to sent the fertilizer within 15 days and again demanded Rs.30005/- and the complainant deposited the same through SBI, RTGS on dt.03.03.15. But the OP.s rather provide the fertilizer again demanded Rs.23,000/- and the complainant deposited the same on dt.21.08.15 and in total the complainant has paid the OP.s Rs.1,43,010/- on demand. But now the OP.s neither received the phone of complainant nor supplied any Bio fertilizer to the deposited amount, hence there is deficiency in service on the part of OP.s, and complainant inflicted mental agony, physical and financial losses due to the illegal act of OP.s. So she prayed before the forum to direct the OP.s to refund the above said amount along with 12% interest p.a. with a sum of Rs.50,000/- + Rs.10,000/- as compensation and cost of litigation.
2. On receipt of complaint and observing a strong prima facie case the forum served notice on dt.24.02.16 to the OP.s but despite allowing a number of chances within a period of above 15 months the OP.s neither appear before the forum nor context the case through counter and evidences, hence the OP.s set exparte and the forum proceeds the case as evidences available in record. The complainant has filed copy of 05 receipts along with affidavit. Considered.
3. It reveals from record that, the OP is carrying bio fertilizer business within the local area of Raighar, hence the forum has ample jurisdiction to entertain the case, hence the complaint considered. It is seen that the complainant being a unemployed applied for a dealer of Bio fertilizer to the OP.s for the purpose of her livelihood, hence it is undoubted that the complainant is a consumer under the OP.s. It is also seen from the record that the complainant has deposited a total sum of Rs.1,43,010/- in to the account of OP.s for a hope of fertilizer dealership, but the OP.s received the amount of complainant but have never provide any biochemical fertilizer to her as per assurance, to which the complainant tried to approach the OP.s for several times but for no respond by the OP.s. Hence in our view the total transaction is crystal clear unfair trade practice on the part of OP.s. Further it is seen that the OP.s despite service of notice did not cared to appear or filed any reply or evidence in the case which is nothing but highhanded, illegal, unscrupulous and arbitrariness, hence the opposite parties found guilty of deficiency in service as contemplated under the provisions of Sec.2 (d) (i) (ii) of the C.P.Act 1986, so the complainant is entitled for relief.
As thus we allowed the complaint against the OP.1 & 2 with cost.
ORDER
i. The OP.no.1 & 2 are here by directed to refund the amount of complainant i.e. Rs.1,43,010/- (Rupees One Lakh Forty Three thousand & ten) along with 9% interest p.a. from the date of receive to the date of such realization. Besides to pay a sum of Rs.2,000/- (Rupees Two Thousand) as the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 25th day of May' 2017.
Sd/- Sd/-
MEMBER MEMBER, DCDRF,
NABARANGPUR.
