Complainant by filing this complainant has submitted that complainant for the purpose of conducting election of the Government of Tripura was in dire need of standard paper with at least 75 GSM specification for preparation of the ballot papers for conducting State Panchayat Election due to be held on 20.07.2009 in all the districts almost 20 lacs of people of Tripura were due to participate in the said election and on the advice and instruction of the State Panchayat Election Comission, Tripura, the Joint Resident Commissioner, Government of Tripura contacted with the op who claimed to be renowned paper supplier and further the op also used to claim having good reputation in the field of trading of papers in their last four generations and further the op is quite known in Tripura widely since in earlier occasions op supplied papers for different purposes.

          In connection with said election there was urgency and need for preparation of ballot papers in the State of Tripura and for which the officers of the Panchayat Department of Tripura posted in Kolkata searched sources for collecting purchasing papers with 75 GSM and in course of search, they moved to op and op agreed to supply the required papers of 75 GSM promptly and also agreed to supply huge quantity of 280 reams of papers with thickness of 75 GSM and fulfilled the other criteria of the complainant.

          But the ops were not interested for official work order but they insisted for cash payment delivery and considering the urgency the complainant had to accept the deal by payment of cheque from local office and officials posted at Kolkata did not have any option but to place the order due to said urgency and confirmed deal for supply of 280 reams of pink coloured papers of 75 GSM and accordingly complainant submitted order in writing for supply of 280 reams of pink coloured papers of 58.5 CM/91 CM in size and 280 reams of papers of 75 GSM.  On 13.06.2009 op acknowledged the said order accordingly and confirmed order by supplying papers and thereafter through quotation dated 01.07.2009 for supply of 280 reams of 75 GSM @ Rs.1,350/- per reams.

          Thereafter op issued the original buyers copy for payment of the amount of 280 reams of 75 GSM specification along with the carrying cost from the office of the ops to the Airport for an amount of Rs.3,78,000/- and Rs.3,500/- respectively and op also supplied a copy of road challan dated 03.07.2009.  Fact remains that complainant paid amount of Rs.3,81,500/- vide cheque No.476489 dated 02.07.2009 drawn on the State Bank of India and accordingly obtained money receipt from the ops with clear admission that the amount has been received for supply of 280 reams of papers @ Rs.1,350/- per ream with 75 GSM and the said 280 reams were carried out by the op to Dum Dum Airport in 85 and 9 packets which were duly booked in Indian Airlines Flight/Cargo on 03.07.2009 in IC-7727 for 9 packets and dated 04.07.2009 for 85 packets were booked vide IC-243 on payment of Rs.14,131/- and Rs.1,38,115/- respectively.

          Suppliers issued cash memo/challan copy, money receipts indicating receipt of payment of Rs.3,81,500/- against the supply of 280 reams pink coloured papers of 75 GSM.  On 03.07.2009 a report was received from the Director of Panchayat, Tripura that the consignment was of below standard as the thickness of paper supplied was of 65 GSM and not 75 GSM and the same was checked on the spot at Indian Airlines/Cargo counter by tearing out the outer polythine cover and found that the level pasted on the inside cover of the paper showed the thickness of 65 GSM.

          In fact the entire supply of 280 reams of pink coloured papers was in 96 packets all covered with plastic gunny bags for which inside label could not visible and subsequently receiving the said reams of papers on 03.07.2009 Election Commission of the Panchyat of Tripura was confirmed that the supply of papers by the op was of very much inferior quality in all respect and not as per specification though required 75 GSM in stead of 65 GSM and since the quality of papers was of much inferior in nature, the authorities concerned had to haunt for papers with required specification from different sources as the election was knocking at the door and election was scheduled to be held on 20.07.2009 and on the basis of the report received by the complainant regarding unfair trade practice and for supply to below quality materials against required quality of 75 GSM complainant had to lodge F.I.R. at the P.S. of Shakespeare Sarani stating the entire fact on 05.07.2009.

          In the above situation complainant instructed the local Bank not to honour the cheque of Rs.3,81,500/- issued in the name of the ops and for which op failed to acknowledge the said amount of Rs.3,81,500/- but without attaining any benefit out of said work complainant was compelled to pay Cargo charges for Rs.1,52,246/- and practically for adopting unfair trade practice, deficiency in service on the part of the op and due to ops over act, complainant’s Government suffered much and it is a public money and under the circumstances, complainant prayed for compensation and other relief.

          On the other hand op by filing written version denied the allegation of supply of inferior quality of papers against specified quality as required by complainant and also denied that op adopted any unfair trade practice and submitted that Tripura Government never incurred any loss for getting such papers.  But complainant admitted all other fact regarding work order regarding specification of 280 reams of papers with 75 GSM placing of order, acceptance of the cheque and other cost etc.

          But in page-9 of the written version op has admitted by saying so “this op submits that considering the urgency of the complainant this ops had to pack the goods within very short period which would be evident from the work order placed by the complainant and when the complainant noticed that that the quality of papers are inferior they may inform this to ops so that the ops can arrange to supply the quality papers which was so required and due to the urgency of the complainant all the papers were packed at the place of the manufacturers and the ops did not get any scope to check the same as the complainant already booked Indian Airlines Cargo and time was almost running out”.

          Further in page-10 of the written version complainant has stated “this ops further submit that they are renowned paper trader for a long time and having good will in the market for which the complainant approached to this ops but the manufacturers did not supply required quality of papers and due to the urgency of the complainant this ops could not check the goods as all were packed for delivery as time was very short”.  It is further submitted by the ops that only to harass the op, the complainant in clandestine manner has filed the instant complaint causing huge loss to the ops because complainant left those papers in the godown of the Kolkata Airport and same are going to be damaged and already damaged in the mean time and ops suffered loss and for which the ops are liable to get compensation which are lying with the godown of Kolkata Airport but if it is acknowledged by the ops, in that case op shall have to suffer loss on the ground op stopped the payment of the cheque issued by them and complainant did not give any scope to ops to correct the deficiency if any rather they filed the case and in the circumstances ops have prayed for dismissal of this suit.

                                                    Decision with reasons

          After hearing the Ld. Lawyers of both the parties and the arguments as advanced by them including the version of the complaint and assertion of the ops in the written version, it is undisputed fact that complainant on behalf of the Tripura Government contacted with op for supply of papers of pink coloured 75 GSM -58.5 x 91 CM of 280 reams @ Rs.1,350/- per ream with condition that supply shall be made by 1^st July 2009 and that order was supplied by the complainant on 01.07.2009 to the ops and against that complainant issued one cheque of Rs.3,81,500/- and op admitted that he shall have to supply the said quantity of paper in 280 reams.  Receipt was also issued by the op a company and original buyers copy is also filed in this case.  Moreover road challan was issued on 02.07.2009 in which it is noted that 280 reams of pink coloured with 75 GSM and no doubt that paper was carried out by the ops to the Dum Dum Airport and it was kept in the office of the Cargo of Air India and thereafter on inspection it was found that inside of the said packets below standard of papers were supplied and for which the Joint Commissioner of Tripura Government reported to Cargo Manager of Air India Airport at Kolkata on 04.07.2009 to stop dispatch of materials to Agartala till further advice and at Dum Dum Airport when the polythene cover was opened it was found that the Sripur Papers Mills Ltd supplied that papers to the ops but its GSM was 65  which was known by the ops and ops supplied it intentionally by covering it within polythene  pack and that matter was reported to the op but op did not take any step and no doubt op tried to show that same was delivered by its manufacturers unit not in his presence and it was fault of the manufacturers but he had no intention to supply it and further he has admitted ultimately that the standard of the papers supplied was not as per work order.  Then question is whether op acted as honest business man?  But considering the entire materials including the expert report it  is clear that ops supplied below standard papers against requisite specification as required by the complainant even after receipt of the entire cheque amount and other costs for transporting it from ops place to Kolkata Airport  and also from Kolkata Airport to Agartala.

          From the test report, it is found that it was minimum 66.48 GSM but not above is 68.4 GSM but not 75 GSM and test report was done by National Test House Eastern Region Government of India and op has not challenged that test report.  At the same time ops have not denied that fact of supply of 280 reams of pink coloured papers having 65 GSM.  Then under any circumstances, op cannot deny the allegation of the complainant regarding the fact that even after taking cheque amount against supply of the papers only deceived the Tripura Government by adopting unfair means and actually supply 280 of reams of pink coloured papers with bad quality of 65 GSM.  But it was covered with polythene pack and supplied it at Cargo of Air India at Kolkata Airport by the op after taking money for transportation charge from the complainant and fact remains when the one polythene pack was removed it was found that in all the packets the manufacturers level was there whereas it is noted 65 GSM and op tried to convince this Forum that it was the fault on the part of the manufacturer but op is aware of the fact that it is his duty to supply the papers as per specification and contract not only that op issued discharge challan in which quality of the paper is written as 75 GSM that means manipulation was done by the op himself and another factor is that all those papers were purchased by the op from one company and said company is at Shirpura Papers Mills Ltd at Hyderabad.  So, the story of the op that it was packed at manufacturers place is completely false but actually it was purchased by the op from manufacturer and manufacturer supplied it to the ops and thereafter ops sealed it and delivered by road challan dated 02.07.2009.  Then it is clear that the entire allegation of the ops in his written statement are false and fabricated and the conduct of the op in dealing with the trade with the Government of Tripura tantamounts to unfair trade practice and that has been adopted by the op as a business man with four generations’ such a trade practice.  But anyhow due to constant vigilance of the Tripura Government the present op who had adopted unfair trade practice for four generations in paper trade has been caught red handed and thereafter in written version when his malpractice has been searched out, he has tried to convince that it was supplied by the manufacturer and in this regard we have minutely considered the paper supplied by the complainant which are issued by the op wherefrom it is found all mal practices were practiced by the op with four generations experience in paper trade and that is continuing adopted by this for such four generations but anyhow that practice has been detected in this case generation by the Tripura Government and no doubt the entire allegation as brought by the complainant has been denied by the op in his written statement by using words.  To save his skin he has accused the manufacturer but there is no contract in between the manufacturer and the complainant but it is found that op despatched it from Kolkata to Kolkata Airport for its transportation to Agartala by Cargo Air India and he himself dispatched it after placing it inside polythene packet only to deceive the complainant and it was detected at Dum Dum Airport and thereafter op did not give any reply against that assertion of the complainant but ultimately in the written statement they ultimately admitted the fact that specific required papers of the complainant was not supplied by the ops.

          So, considering the above fact we are convinced to hold that op adopted unfair trade practice and at the same time it is also proved that complainant failed to encash the cheque bearing No.476489 dated 02.07.2009 for Rs.3,81,500/-.  But fact remains op received loading and un-loading charge at Kolkata Airport of Rs.5,000/- loading un-loading at Agartala Airport Rs.4,000/- and also Air Flight charge Rs.1,52,264/- and no doubt complainant suffered much administrative inconvenience in such a situation and was compelled to spend more money to procure such type of paper for preparing ballot.  But truth is that Rs.3,81,500/- would not be encashed by the op then it is clear that vital loss was somehow saved by the complainant.  But considering such a business of unfair trade practice of the op no doubt Tripura Government faced several complications and it is to be mentioned in this regard that op as paper trader for four generation practiced such un-merchantable trade with the Government of Tripura also.

          So, it is proved that op is a bonafide unfair trade practitioner for generation after generation and in this case the allegation of the complainant is proved beyond any manner of doubt against the ops and practically for ops unfair trade practice complainant’s Government has suffered much and for which op is bound to pay a compensation of Rs.10,000/- to the Government of Tripura for adopting unfair trade practice and for causing administrative inconvenience and for loss of huge money for carrying cost for litigation cost and for other purposes and same shall be paid by the op within one month from the date of this order failing which for each month’s delay a sum of Rs.25,000/- shall be paid by the op as punitive damages in the account of State Consumer Welfare Fund till full satisfaction of the decree.

          Hence, it is

                                                            ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the ops.

          Ops are directed jointly and severally to pay a sum of Rs.10,00,000/- as compensation for adopting unfair trade practice and for harassing the Tripura Government in such a fashion with cost amount within one month from the date of this order failing for each month’s delay ops jointly and severally shall have to pay @ Rs.25,000/- per month which shall be paid to the State Consumer Welfare Fund and even if ops fails to comply the order of this Forum and disobeys the order, in that case, penal interest @ Rs.10,000/- per month shall be assessed till full implementation of this order.