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1]       The opponent no. 1 is the Milk Distributor Company named as “M/S Pratisaad Milks Pvt. Ltd.”. The complainant placed his order for buffalo milk with the opponent company under companies scheme “Supply of one liter milk for one year for Rs.5,000/-” for the period of one year from 1/4/2013 to 31/3/2014. And accordingly paid a cheque of Rs. 5,618/- dated 25/3/2013 (cheque no. 973184) to the opponent. It is the contention of the complainant that at the time of booking of milk, the opponent company informed to the complainant that, the booking amount of Rs. 5,618/- is inclusive of taxes and all other charges. It is further contended by the complainant that after perusal of the booking form, the applicant raised his objection to clause no. 2 of ‘condition booking form’. But the opponent company’s representative showed his readiness to waive this clause no. 2 and strike down the said condition with his signature and requested to place the order for milk. But it is the allegation of the complainant that, in spite of full payment according to scheme, the opponent company distributed the milk only from 1/4/2013 till 15/8/2013 and then after stopped to distribute the milk. Even after personal visits and sending notice to the opponent company for the distribution of milk or to refund the amount of Rs.3,540/- (for non supply of milk for 7 months) the opponent company never took any cognizance of it. Due to this kind of deficient service provided by the opponent company, the complainant suffered from mental agony and causes economic and physical loss and inconvenience.   And hence the applicant compelled to come before the Forum and filed the complaint for the recovery Rs. 3,540/- along with the interest at the rate of 10% p.a. from 15/8/2013 till actual realization. And also asked for Rs.14,000/- towards compensation of deficient services and legal charges. In support of complaint, the affidavit and the copies of booking form and the legal notice given by counsel are filed on record.

 

 

 

4]      Now, the another important point for consideration is arise before the Forum that is regarding second condition mentioned in booking form. The condition is that, “दूध वितरण योजनेचा लाभ ग्राहकास वर नमूद अल्पांश सभासदत्वानुसार एक वर्षासाठी घ्यावयाचा असेल तर ग्राहकाने प्रतिमाह दोन सदस्य आपल्या प्रमाणेच कंपनीला देणे बंधनकारक आहे. सदर नियमात खंड पडल्यास त्या महिन्यापासून ग्राहकाचा हा करार आपोआपच रद्द होईल.” But it is the contention of the complainant that, as he did not agree with this condition, the representative of the opponent company himself strike out that condition and signed there on and requested the complainant to place the order without the said condition. The booking form clearly shows that the second condition was struck down and there is signature of some one. But the opponent company is absent even after proper service of notice of Forum and failed to rebut the contentions and allegations made by the complainant, hence the Forum drew adverse inference that contention made by the complainant, that second condition in the booking form is struck out by the opponent company is proved.

 

5]      Further complainant alleged that he placed the order of milk with the opponent company for the period 1/4/2013 up to 31/3/2014 and deposited the amount for it. But opponent company supplied the milk only for the period from 1/4/2013 till 15/8/2013 and then stopped the supply even upon several requests made by the complainant and in spite of depositing entire amount for it, the opponent company failed to supply the milk for remaining 7 months and provide deficient service to the complainant. As the opponent company is not present before the Forum and failed to raise the objections to all the allegations made by the complainant, it is the conclusion of the Forum that, complainant proved that by non supplying the milk for agreed remaining 7 months period, opponent company provide the deficient service to the complainant and hence it is proper and legal to allow Rs. 3,540/- along with interest @ 6% from 16^th Aug. 2013 (the day from which the supply of milk was stopped) till its realization and an amount of Rs. 2,000/- towards legal charges. As interest is allowed to the applicant, compensation towards mental agony and economic loss is not granted.  

Hence, the following order;  

 

1.                 The complaint is partly allowed.

 

2.                 The opponent is directed to pay to the

Complainant an amount of Rs. 3,540/-

(Rs. Three Thousand Five Hundred and

Forty Only) along with interest @ 6% p.a.

from 16/08/2013 till its realization and an

amount of Rs.2,000/- (Rs. Two Thousand

only) towards legal charges within 6 weeks

from the date of receipt of copy of this order.

 

3.       Copies of this order be furnished to the

parties free of cost.

 

 

which were provided for Members within

one month from the date of order, otherwise

those will be destroyed.