Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order :  29.02.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to make payment of the principal amount of Rs. 2,40,000/- along with 18% interest per annum till the date of realization.
2. To pay Rs. 2,00,000/- ( Rs. Two Lacks only ) as compensation.
3. To pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that as per assurance of opposite party no. 4 he has paid Rs. 3,00,000/- to the opposite party company through cheque of SBI. The aforesaid cheque was issued by the complainant on 20.08.2007 in favour of opposite party no. 1 and the same was deposited in the account of opposite party no. 1 being account no. 1257002100018111 of P.N.B. doctors colony branch, Patna. Thus the complainant has deposited Rs. 3,00,000/- in the account of the company on 20.08.2007 for supply of paint and putty which complainant needed for its use in the construction of house of in – laws.

It is further case of the complainant that the aforesaid amount was deposited as per assurance of opposite party no. 4 and 5 who entered into oral contract with the complainant on phone for supplying the aforesaid materials i.e. paint and putty within 3 months. Other opposite parties such as opposite party no. 1, 2 and 3 on whose behalf the opposite party no. 4 and 5 were negotiating with complainant for supply of aforesaid material also assured that the aforesaid material will be supplied to the complainant as per assurance of opposite party no. 4 and 5 as they are regional sales manager and branch head of opposite party no. 1, 2 and 3.

The complainant has further assertedthat the aforesaid material were never supplied by opposite parties due to which the complainant has been put to loss. However, after much persuasion the opposite party no. 4 has paid Rs. 60,000/- to the complainant on 26.08.2008 and assured that rest amount will be paid but it was never paid and hence on 10.02.2009 the complainant gave legal notice to the opposite parties but they have not paid heed to his request.

On behalf of opposite party no. 4 and 5 a written statement has been filed. Opposite party no. 4 have fully supported the aforesaid facts asserted by the complainant but stated that this complaint is not maintainable against him because at the relevant time he was regional manager of the company and all the negotiation were held directly by the complainant to the managing director and proprietor of aforesaid company.

In the same way opposite party no. 5 has also asserted that at the relevant time opposite party no. 5 was branch head of the company and all the negotiation were held directly by the complainant with managing director and proprietor of the aforesaid company and hence this complaint is not maintainable against him also.

So far opposite party no. 1, 2 and 3 are concerned when despite service of notice they did not turned up, then vide order dated 11.08.2011 it was directed that the case will heard exparte against them and hence this case was heard exparte against opposite party no. 4 and 5.

The fact asserted by the parties have been briefly narrated in the forgoing paragraphs.

In short complainant has asserted that he has paid Rs. 3,00,000/- to opposite party no. 1 through cheque on 28.08.2007 as per negotiation and contract between the complainant and opposite party no. 4 and 5 who negotiated on behalf of opposite party no. 1, 2 and 3 for supplying paint and putty etc. within 3 months. When aforesaid materials were not supplied then the company through opposite party no. 4 returned Rs. 60,000/- to the complainant through cheque on 20.08.2008. These facts have been fully supported by opposite party no. 4 and 5 in their written statement but their defence is that at the relevant time they were working as regional manager and branch head, hence at present the case is not maintainable against them because they are not working on the aforesaid post of the company.

In our opinion, as the negotiation have been done by opposite party no. 4 and 5 on behalf of opposite party no. 1, 2 and 3 they are also responsible for not performing their part in the contract.

The aforesaid facts definitely disclose deficiency on the part of opposite parties. We therefore direct the opposite parties jointly and severally to make payment of Rs. 2,40,000/- ( Rs. Two Lack Fourty Thousand only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the aforesaid amount till its final payment.

Opposite parties are further directed jointly and severally to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.

Thus this complaint stands allowed to the extent indicated above.

                                        Member                                                                   President