Adv. For the Complainant: - Sri K.K.Tripathy
Adv. For O.P :- Sri B.Sathpathy
Date of filing of the Case :-28.05.2018
Date of Order :-29.05.2020
JUDGMENT
Sri A.K.Purohit, President
The complainant being the Secretary of the Self Help Group representing the said group has preferred this case alleging deficiency in service on the part of the O.P. The said self help group has been constituted by taking some women of the same village with the objects to support economic empowerment exclusively to women for maintaining their livelihood. With this aim and objects the complainant and her group intendent to install a Khali Dana machine to earn their livelihood and for that purpose with financial assistance of the Allahabad Bank installed the machine in their village. To run the said project the complainant and her group entered into an oral agreement with the O.P. for supply of raw material for production of Khali Dana. For supply of raw materials the O.P. demanded Rs. 60000/- as an advance amount and believing the O.P. and on good faith the complainant paid the said advance amount through Bankers Cheque to the O.P.. The complainant alleges that although the O.P. has received the advance amount neither she supplied the raw materials for production of Khali Dana nor has refunded the amount she received and hence the O.P. violated to discharge its obligation and due to this act of the O.P. the installation of the machine is of no use and the complainant and her group suffered financial loss as well as mental sufferings. Hence the complaint.
2. Although the O.P. has appeared in this case she did not choose to file her written version for about two years and she was set experte vide order dated 17.3.20.
3. Heard the complainant, perused the complaint petition and documents available on record. It is seen from the bank documents and quotation of the machinery company that the self help group to maintain their livelihood installed the Khali Dana machine in their village with the financial assistance of the Allahabad Bank. It is seen from the Bankers Cheque issued in favor of the O.P. that, the O.P. has agreed to supply raw materials to the complainant for production of Khali Dana and has received Rs. 60000/- for the said purpose. There is no material available on record to show that the O.P. has supplied raw material to the complainant at any point of time till date.
4. With these evidence available on record shows that the O.P. has agreed to supply raw materials to the complainant for production of Khali Dana and has received advance amount of Rs. 60000/- but has failed to do so. After payment of the advance amount the complainant has discharge its part of obligation. The O.P. failed to discharge its obligation as she has not supplied the raw materials till date.
5. Due to this act of the O.P. the installation of the machine by the complainant is of no use. Violation of contractual agreement by the O.P. amounts to deficiency in service on her part. Hence ordered:-
ORDER
The O.P is directed to refund Rs.60,000/- (Sixty thousands ) along with interest @ 12% P.A from 18.6.16 till payment to the complainant within one month from the date of receipt of this order. The O.P. is further directed to pay Rs. 10000/- (Ten thousands ) towards cost to the complainant within the aforesaid period.
Accordingly the case is disposed of.
Pronounced in the open Forum to-day the 29th day of May’ 2020.
Sd/- Sd/-
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT
