Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Anil Kumar Singh
Member
Date of Order : 24.10.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay sum of Rs. 2,74,049/- along with 18% interest per annum from 31.03.2015 till full and final payment.
- To direct the opposite parties to pay Rs. 1,50,000/- as compensation.
- To direct the opposite parties to pay Rs. 20,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that the authorized agent of opposite party no. 1 contacted him and requested to enter in agreement with opposite party no. 1 for supply of his vehicle. The complainant thereafter entered in agreement with opposite party no. 1 for the purpose of earning his livelihood by means of self employment. The complainant thereafter drove the vehicle and discharged all his duty as per direction and satisfaction of opposite party due to which the hiring of vehicle were extended upto 31.12.2013 and it was extended further also as will appear from annexure – 1. Vide annexure – 2 minimum monthly hired charge payable for his vehicle is Rs. 38,000/- upto a run of 3,00,000 Km in a month.
As per agreement the payment of hire charge was to be made by account payee cheque at every month within 45 days of the receipt of the bill.
The grievance of the complainant is that he discharged his duty from March 2012 till March 2015 regularly with opposite party no. 1 and submitted his bill dated 03.09.2014, 05.11.2014, 02.12.2014, 03.01.2015, 03.02.2015, 04.03.2015 and 01.04.2015 contained in annexure – 3 series.
Thereafter the complainant received a letter dated 31.03.2015 under signature of Mr. Ravi Prakash R.C.M. (opposite party no. 1) whereby and where under the work order of the complainant had been terminated w.e.f. 31.03.2015 as will appear from annexure – 4. Thereafter the complainant contacted opposite party no. 1 and requested to pay his due amount of Rs. 2,74,049/- but except assurance nothing was paid.
From record it appears that when the registered notice dated 03.11.2015 sent to opposite parties did not return unserved then valid Tamila was declared vide order dated 05.05.2016. Thereafter several opportunity were given to opposite parties to file written statement and when they neither appeared nor filed written statement then they were debarred from filing written statement and the case was heard ex – parte.
It goes without saying that as the aforementioned fact has been asserted by the complainant on oath and there is no counter version of the opposite parties hence we have no option but to accept the fact stated by the complainant on complaint petition which clearly disclose deficiency on the part of opposite parties.
We therefore direct the opposite parties to pay Rs. 2,74,049/- ( Rs. Two Lac Seventy Four Thousand Forty Nine only) to the complainant within the period of three month from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above mentioned amount of Rs. 2,74,049/- ( Rs. Two Lac Seventy Four Thousand Forty Nine only) till its final payment.
Opposite parties are further directed to pay Rs. 30,000/- ( Rs. Thirty Thousand only) to the complainant by way of compensation and litigation costs within the period of three month.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
