Case No. 107/2023   

IN THE MATTER OF

Manoj Trading Compay, Sodhi Complex-2 Office-First Floor, Kishanpur Tiraha, Ramghat Road, Aligarh (UP) through authorized signatory Mr. Manoj Kumar Gupta

                                           V/s

M/s Radhey Traders, Shop No. C 35 Naveen Mandi Sthal, Khair Aligarh through authorized signatory

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot , Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to reimburse the complainant for Rs. 1347826/ with interest.
2. The Op be directed to pay compensation for mental agony and physical sufferings at Rs.500000/ and litigation expenses Rs.25000/.

2. It is stated that the complainant is a food grain dealer and carries on its business in the name and style of M/s Manoj Trading Company and OP company is also a dealer in food grains. Complainant had paid to the Op the amount Rs. 57000,000/ on different dates to deliver the paddy after converting into bran rice. OP delivered the paddy for Rs. 30,03,798.40 without converting into bran rice. Op remitted the amount Rs. 1350000/ on different dates but retained the amount Rs. 1347826/. Neither the said amount was remitted nor was the paddy delivered after converting the paddy into bran rice against the said amount. Op was under obligation to fulfill the promise against the amount received/ retained. Complainant had further stated that the amount was paid for purchasing the paddy and supplying the bran rice after dehulling or dehusking and processing the paddy to convert into bran rice. Op committed breach of promise and adopted unfair methods or deceptive practice in dealing with the complainant and caused loss to it by adopting unfair trade practice or deceptive practice. Op is liable to compensate the complainant. Complainant hired the services of the Op. Complainant made transactions with the Op by engaging it for earning livelihood of the members of the family constituting the complainant company and thus complainant is the consumer.   
3. OP did not contest the case despite of sufficient service.
4. Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the complainant.
6. It is evident that the complainant proved his case presenting the pleadings supported with affidavits and documentary evidence. Complainant has suffered loss by the acts and omissions of the Op. OP is liable to reimburse the complainant for the loss suffered. Complainant is entitled for getting the amount Rs. 1347826/ with interest @18% per annum from 1.1.2021 till the actual date of payment and also for litigation expenses Rs.25000/. He is entitled for the reliefs claimed.    
7. We hereby direct the Op to pay the complainant amount of Rs. 1347826/ with interest @18% per annum from 1.1.2021 till the actual date of payment and also to pay the litigation expenses Rs.25000/.
8.  Op shall comply with the direction within 45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.