The Complainant has filed this complaint against the all the O.P’s under Section 35 of the Consumer Protection Act 2019 and praying for following Order / Relief :-
- Direction against all the O.P’s to refund the amount of the Rs. 10,00,000/- (Rupees Ten Lakhs Only) along with interest @ 24% p. a. till the date of realization of amount,
- Direction against all the O.P’s to pay the Complainant Rs. 2,00,000/- (Rupees Two Lakhs Only)) on account of mental pain, agony and continuous harassment,
- Direction against all the O.P’s to pay the Complainant Rs. 50,000/- (Rupees Fifty Thousand Only) towards legal expenses and total claim amount is of Rs. 14,50,000/- (Rupees Fourteen Lakhs Fifty Thousand Only).
The case of the Complainant in brief is that, the Complainant is a consumer as provided under Section 35 of the Consumer Protection Act, 2019, he had purchased a land measuring 41.33 decimal by virtue of a Sale Deed being no. I-1446 executed on 05.10.2018 which was finally registered on 09.10.2018 before the Additional District Serve Registrar, Bhaktinagar in the District of Jalpaiguri / that plot of land was duly mutated in the name of the Complainant from the office of B.L. & L.R.O. Rajganj / the Complainant obtained L.R. Khatian No. 442 Measuring 41.33 decimal / as per oral agreement the O.P. intend to sale bricks @ Rs. 6.15/- per pieces of brick to the Complainant in the month of November 2020 / in this regard the Complainant and the O.P’s. had entered into an oral agreement / as per that agreement the Complainant ordered 3,00,000 pieces of bricks @ Rs. 6.15/- per pieces of bricks and request the O.P’s. to supply all the bricks within two months of time / the O.P’s. also assure that they will supply all the bricks in time and after getting such assurance from the O.P’s. the Complainant paid an advance of Rs.10,00,000/- (Rupees Ten Lakhs Only) on 07.12.2020 to the O.P’s. by way of RTGS and the rest balance consideration money of Rs. 8,45,000/- (Rupees Eight Lakhs Forty Five Thousand Only) had been agreed by the Complainant to pay the O.P’s. at the time of final supply of bricks. It is also the case of the Complainant that the O.P’s. did not supply any bricks as per agreement to the Complainant, on several telephonic conversation was made between the Complainant and the O.P’s. and the O.P’s. deliberately and intentionally failed and neglected to comply their duties which is a great deficiency in service on their part / that being frustrated by the continuous act of cruelty , harassment, mental agony, pain, sufferings as well as mental torture caused by the O.P’s. the Complainant had lodged a Complaint against the O.P’s on 28.03.2022 before the Officer-in-Charge, New Jalpaiguri vide NJP- P.S. Case No. 464 of 2022 dt. 10.05.2022 under Section 406 Indian Penal Code / the cause of action firstly arose on and from 07.12.2020 when the Complainant entered into an oral agreement with the O.P’s. firm and gave Rs. 10,00,000/- (Rupees Ten Lakhs Only) as an advance and lastly on 28.03.2022 when the Complainant lodged a Complaint against the O.P’s.
Notice was issued from this Commission for all the O.P’s. On receipt of notice all the O.P’s. appeared before this Commission through Vokalatnama, filed Written Version denied all the material allegation of the Complainant and has stated that the Complainant has filed this case on some false allegation to harass the OP’s and he is not entitled to get the relief as prayed for. All the OP’s in their written version have stated that they never interacted with anybody and during November 2020 none of the O.P.’s has stated to sale bricks @ 6.15/-per piece to the Complainant. The contested O.P’s. also denied the alleged offers, acceptance and order placed in the month of November 2020 and they have also claimed in the written version that no order was placed by the Complainant to the O.P’s. and therefore, no question arise of unfair trade practice. They have also stated that they have already supplied bricks to the Complainant with regards to previous orders / previous delivery of bricks vides invoice no. 45 dt. 12.09.2020, invoice no. 44 dt. 11.09.2020, invoice no. 42 dt. 05.09.2020, invoice no. 39 dt. 27.08.2020, invoice no. 37 dt. 19.08.2020, invoice no. 36 dt. 13.08.2020, invoice no. 34 dt. 08.08.2020, invoice no. 32 dt. 05.08.2020, invoice no. 30 dt. 26.08.2020, invoice no. 28 dt. 20.07.2020, invoice no. 27 dt. 15.07.2020 and invoice no. 25 dt. 11.08.2020.By filing the written version the OP’s claimed that the instant Complaint case is liable to be dismissed .
Having heard the Ld. Advocate of both the side and on perusal of the Complaint, Written Version as well as documents filed by the parties, the following points are to be deciding by this Commission.
Points for consideration
- Whether the complainant is a consumer?
- Whether the case is maintainable under the C.P. Act 2019?
- Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
- Is the Complainant entitled to get any award and relief as prayed for as per the prayer of his Complaint?
Decision with Reasons
All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.
In order to prove the case the Complainant has filed Written Deposition in Chief in the form an Affidavit wherein the Complainant has categorically stated and corroborated the contents of the Complaint.
Ld. Advocate of the Complainant during argument has stated that the Complainant has been able to prove his case against the O.P’s not only through evidence-in-chief but also through the documents in support of his case. He also argued that, even after receiving the said sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) from the complainant the O.P’s have deliberately neglected to perform their duties by supplying bricks to the Complainant as per agreement. It is also argument of the Complainant that, though the O.P’s. in their Written version has claimed that they have supplied bricks to the Complainant. But it was the duty of O.P’s to provide documents before this Commission to substantiate their claim which and the O.P’s. have failed to substantiate their claim which is a great deficiency in service on their part. It is also argument of the Complainant that by not supplying bricks to the Complainant the O.P’s. have create mental pain, agony and continuous hardship as well as harassment for which the O.P’.s are responsible to pay compensation to the Complainant.
In order to prove the case the Complainant has filed his Bank statement to show that he gave a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the O.P’s. through RTGS on 07.12.2020.
Having heard the Ld. Advocate of the Complainant and on perusal of the Written Complaint as well as documents filed by the Complainant it reveals that, making payment of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the O.P’s. is true. From the Annexure-2 of the Complainant it is fact that, the Complainant had transferred a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the O.P’s. from his Bank Account through RTGS which was duly credited in the Bank Account of the O.P’s. By filing the instant case the Complainant has specifically claims that the O.P’s. have neglected to perform their duties by delivering Bricks to the Complainant as agreed. To falsify the case of the Complainant the O.P’s. have filed written version by denying all the material allegations of the Complainant. In the Written Version of the O.P’s. they have stated that, they have filed several invoices with the Written Version. But no such invoices are annexed with their Written Version.
Moreover to falsify the case of the Complainant all the O.P’s. neither filed their evidence in support of their Written Version nor they produce any invoices or other documents regarding supply of Bricks to the Complainant. By giving assurance to deliver Bricks to the Complainant within two months from receiving the amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) the O.P’s took that amount of money from the Complainant but they did not perform their duties by delivering Bricks to the Complainant which is nothing but the deficiency in service on the part of the O.P’s. as well as unfair and illegal trade practices of the O.P’s.
Considering all we are of the view that the Complainant has been able to prove his case against the O.P’s. and the Complainant is entitled to get the relief.
Hence, it is therefore,
O R D E R E D
That, the instant consumer case being in No. 51/2022 be and the same is allowed on contest against the O.P’s but in part. All the O.P’s. are jointly and severally liable to refund Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the Complainant with interest at the rate of 6% Per Annum from 07.12.2020 till the realization of that amount. All the O.P’s. are also directed to pay Rs. 30,000/- (Rupees Three Hundred) to the Complainant for deficiency in services and also to pay Rs. 10,000/- (Rupees Ten Thousand Only) towards cost of litigation. The O.P’s. are also directed to pay Rs. 20,000/- (Rupees Ten Thousand Only) to the Consumer Legal Aid Account. All the O.P’s. are directed to pay the entire amount within one month from this day otherwise the Complainant is at liberty to realize the amount of money from the O.P’s by filing Execution Application.
Let a copy of this order be given to parties free of cost.
