Order-11.

Date-30/10/2015.

In this complaint Complainant Kashi NathKunduby filing this complaint has submitted that complainant is a licensed K. Oil Dealer issued by Director Consumer Food, Food & Supply Department for selling Kerosene Oil as consumer goods from his shop to the different ration card holders and he possessed a license to that effect and as per license granted by the State Government of West Bengal as licensee, he shall have to purchase Kerosene Oil from S. Koil agent and sell it to the ration card holders and more than 35 years he has been running his business with M/s Ramendra Lal Dey, a reputed and recognized K. Oil agent.For that purpose complainant used to deposit carrying charges day to day in the Standard Chartered Bank at Dalhousie, Kolkata in favour of op by way of cheque payment regularly and on being required such as in the name of M/s Ramendra Lal Dey (M/s. R.L. Dey) which would be the evident from all the relevant documents, records and registers and submitted in this way during the period from 08.02.2013 to 26.05.2014 a total amount of Rs. 34,750.84 paisa was also deposited by the complainant which was lying with the op but the complainant is entitled to get back from the op namely M/s. R.L. Dey under the law.

In this regard complainant verbally requested the op or his said concern namely M/s. R.L. Dey to refund the said amount which is unnecessarily lying with the op.But op did not pay any heed thereto for the reason best known to him.

In the above situation complainant through his Ld. Lawyer requested the op forthwith refund him the said amount of Rs. 34,750.84 paisa along with admissible interest which has been accrued thereupon against that amount but op has not paid any heed even after receipt of the Ld. Lawyer’s letter, did not respond and for such sort of negligent and deficient manner of service and for adopting unfair trade practice, complainant has filed this complaint praying for redressal.

Notice of the complaint was duly served upon the op on 23.07.2015 as per Postal Internet result against sending the same by Speed Post being No. EW919981083IN booked on 22.07.2015 but even after that op did not turn up to contest this case for which the case is heard exparte.

Decision with reasons

On careful consideration of the complaint and also the entire case record, it appears that no doubt complainant is a kerosene oil licensee to sell K. Oil to the ration card holders.So, no doubt it is not a commercial business.But he sells K. Oil to the ration card holders as per license granted by the Director of Consumer Goods, Govt. of West Bengal.So, sale of K. Oil by the complainant to the public is nothing but sell of K. Oil from ration shop and it is also proved from the document filed by the complainant that he shall have to purchase K. Oil from M/s Ramendra Lal Dey (M/s. R.L. Dey) as per license and he shall have to sell it as Consumer Goods to the ration card holders.

Further from the document filed by the complainant, it is found that complainant deposited the amount time to time at the time of purchase K. Oil from the op towards day to day K. Oil consignment in the Standard Chartered Bank at Dalhousie, Kolkata in favour of the op by way of cheque payment regularly and truth is that he has paid always the said amount and considering all those documents, it is clear that complainant used to deposit carrying charges towards day to day of K. Oil consignment in the Standard Chartered Bank at Dalhousie, Kolkata in favour of the op by cheque payment.

Further after calculation of the said charts, it is clear that complainant within the period 08.02.2013 to 26.05.2014 he paid total amount of Rs. 34,750.84 paisa which is lying with the op.But op has not refunded the same.Fact remains that op was served with the notice and received the notice but did not turn up.Thereafter again when the case was fixed for exparte hearing notice was notice was served to the op by Registered Post with A/D informing him about the date fixed for evidence on 26.08.2015 and that was also received by the op, but op did not turn up for which the case is heard exparte.

Most interesting factor is that complainant filed this case against the op claiming refund of that amount.But op has not turned up to defend the complainant’s allegation, not only that when the case was fixed for exparte hearing that was also informed by the Register Post with A/D but op did not turn up.

It simply proves that op has no defence for which op did not turn up for contesting this cased knowing fully well that he has no defence.But most interesting factor is that this op is K. Oil agent he also got license from the Food & Supply Department but even then he has been running a trade which is unfair in nature and fact remains that after deduction of carrying charges the balance amount shall be returned to the complainant and that’s procedure but that has not been complied and considering that fact, it is clear that op has adopted unfair trade practice and by detaining that amount of the complainant, no doubt op has been deceiving the complainant and after considering the materials on record, it is clear that op is entitled to get backthe said amount of Rs.34,750.84 paisa and also the litigation cost of Rs. 5,000/- and further compensation of Rs. 5,000/- for causing mental pain and agony and harassment by the op to the complainant and also for adopting unfair trade practice by the op and except this complainant is not entitled to get any further amount as compensation and no doubt op is legally bound to pay the same as he has adopted unfair trade practice and further he has no doubt harassed the complainant in so many manners and practically such sort of conduct on the part of the op is negligent and deficient manner of service towards the complainant.

In the result, this complaint succeeds.

Hence, it is

Ordered,

That the complaint be and the same is allowed exparte with cost of Rs.5,000/- against the op.

Ops is directed to refund the amount of Rs.34,750.84 paisa to the complainant and shall also have to pay compensation of Rs. 15,000/- for harassing the complainant in such a manner and also for deceiving the complainant and further for negligent and deficient manner of service on the part of the op and also for adopting unfair trade practice accordingly op shall have to pay a sum of Rs. 34,751/- + Rs.5,000/- as litigation cost + Rs. 15,000/- as compensation in total Rs.54,751/- within one month from the date of this order failing which for non-compliance of the order, op shall have to pay penal interest at the rate of Rs. 200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

For adopting unfair trade practice by the op being a licensee of K. Oil agent of the State Government of West Bengal, op is imposed penal damages to the extent of Rs. 15,000/- and it is imposed for checking such sort of unfair trade practice adopted by the op in dealing with Consumer Goods even after getting license of the Director, Consumer Goods and the said amount shall be deposited to this Forum within one month from the date of this order.

Even after if it is found that op is reluctant to comply this order, in that case op shall be prosecuted u/s 25 read with 27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon the op.