Counsel for:
The Complainant:-Mr.M.A.Sahid , Advocate.
The Opposite Party :-Mr.D .K.Patnaik & associate , Advocates
ORDER
Shri A.K.Patra,President:
- Heard the complainant ex-parte. Perused the material on record. We have our thoughtful consideration to the submission of the complainant only as the O.P could not choose to file written version or contest the case.
- Brief facts of the complaint are that:-
(a). That, the complainant is a house wife and unemployed person. Her husband is a teacher and his salary is in-sufficient to maintain the livelihood of their family . As such the complainant was looking for some job opportunity for her employment. In the meanwhile, she learnt from local sources that the opposite party has been looking for some parties to sale his cable TV net work unit which has been providing cable TV Services to local consumers of Junagarh.
(b). That, the complainant approached the opposite party in the 1st week of October, 2015 and proposed him to avail the said cable TV Network unit by way of its sale and transfer in her favor. The Opposite party agreed with her proposal and accordingly the deal was finalized with a sale consideration price of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand) Only.
( c ). That,on dt.28.10.2015 , the complainant paid a sum of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand) Only on cash to the opposite party as agreed upon towards the sale price of said cable TV Network unit with the name & style of M/S Bhagbati Cable TV Network , At/Po-Junagarh. Upon receipt of the said consideration amount the opposite party handed over the cable TV Network system unit with all transmission equipments like Antena, Digital Set-up boxes etc. to the complainant immediately. The complainant and the opposite party both made affidavits wherein they have admitted those sale transaction and have declared their respective rights and liabilities arising out of the said transaction.
( d ) That, during the conclusion of the transactions pertaining to the transfer of the Network system the complainant agreed that, she would take all necessary steps for registration of the said Cable TV Network unit in her name and she would be liable for all outstanding dues , if any accrued in respect of M/s Bhagabti Cable Network during the interim period commencing form the date of physical transfer of the Network in favor of ser and ending with the actual date for transfer of official records in favor of M/S Pallavi Cable Network. In order to ensure her commitment towards payment of all outstanding dues of the Network for the aforesaid intervening period and upon being induced by the Opposite party, the complainant handed over the five(5) blank cheque from her husband , Pradeep Kumar Dasto the OP. . However, the opposite party did not acknowledge the receipt of the aforesaid blank cheques on record.
(e). That, following the sale and transfer of the cable TV Network system. The complainant took immediate steps towards registration of the Network in her favor and she also executed fresh subscription agreement with M/s Taj Television (India) Pvt. Ltd. , Kolkata for broadcasting of its channels. The complainants also pad the subscription charges and dues of various pay channels regularly.
(f). That, by the ends of December, 2015 , the complainant completed all official formalities towards registration of the Cable TV Network and execution of Subscription Agreements with the authorized channels.
(g). That, after completion of the official formalities regarding the registration of the Cable TV Network , System in favor of M/S Pallavi Cable Networks, Junagarh , the complainant requested the Opposite party to return the blank cheques to her as all outstanding dues of M/S Bhagabati Cable Network has been paid by her . However, the opposite party did not turn up to return the blank cheques and instead he compelled the complainant to pay him an amount of Rs.2,50,000/- only towards complete discharge of her obligations. Accordingly, under coercion the complainant executed an agreement on dt.31.05.2016 and agreed to pay the opposite party a sum of Rs.2,50,000/- only which has been allegedly advanced by him as loan to her . As per the said Agreement the blank cheques issued by the complainant and her husband have been deposited with the officer in charge of Junagarh Police Station. The impugned agreement dt. 31.05.2016 is against public policy and illegal in nature.
(h). It is alleged that, the opposite party had adopted “unfair trade practice” in the matter of sale and transfer of the Cable TV Network to the complainant and liable to receive charges on the account. Further, it is alleged that, the opposite party has also committed offence U/s 19 of the Orissa Money Lender’s Act 1939 by taking blank cheque as securities form the complainant purportedly against a loan of Rs.2,50,000/- only which was in fact never advanced by him. Accordingly in Clause-2 of the agreement dated 31.05.2016 the blank cheques allegedly received from the complainant and her husband have been deposited by the opposite party with the inspector in charge of Junagarh Police Station and the same would be returned to the complainant after receiving payment of Rs.2,50,000/- only form her with this submission it is alleged that, the opposite party has adopted intimidating tactics by miss-using the police machineries for realization of huge amount form the complainant fraudulently and hence this complaint.
(i). It is submitted that, the cause of action for this complaint arose on dt.31.05.2016, the day when the complainant was forced to sign the impugned agreement before the Notary public , at Junagarh.
(j). The complainant has prayed to declare the service rendered by the opposite party to her in connection with the sale & transfer of the Cable TV Network as deficient and the OP shall be held guilty of adoption of “unfair trade practices” by making fraudulent claim . Further, prayed for an award of compensation of Rs.1,00,000/- against the OP & payable to the complainant on account of the harassment and loss caused to her by the opposite party and further prayed for all other relief(s) as the Hon’ble Commission finds appropriates in the form of punitive damages and fine to the consumer welfare fund of the state to be paid by the opposite party.
3. The complaint is admitted 15.09.2016 and notice was issued to the O.P through Regd. Post upon which the OP appeared on 06.10.2016 through their learn counsel Mr. D .K.Patnaik but no written version, however this Commission has given sufficient opportunity to take part in the process of hearing of this complaint but the O.P did not prefer to contest this complaint.
4. The complainant has filed her affidavit evidence, the contents of which are corroborated with the averment of the complainant remain un-challenged/un-rebutted. By way of affidavit, the complaint has proved all her contentions.
5. No defense has been put up by the opposite party since no written version was filed. By way of affidavit the complainant has proved all her contention.
6. Here the doctrine of non –traverse will rightly applicable as non of the allegation made by the complainant are ever disputed or traversed by the O.P in any manner .The opposite party have neither disputed nor produce any evidence contrary to the averment of the complainant which in terms is a clear admission of facts of the complaint and the same need not proved as per Sec 58 of Indian evidence Act. Law is well settled that every allegation of facts in the complaint if not denied specifically or by necessary implication , or stated to be admitted in the pleading of the O.P shall be taken to be admitted accept as against a person disability . Where the O.p has not filed a pleading it shall be law full for the court to pronounced judgment on the basic of the fact contend in the plaint except as against the person under a disability (Reliance placed upon the judgment of the Hon’ble Supreme Court passed in M.Venkataramana Hebbar Vs M. Rajagopal Hebbar & Others, Lohia Properties (P) Ltd Vs. Atmaram Kumar).
7. In the light of above said discussion and settled principle of law, It , therefore, stand proved that, the Opposite Party has committed “unfair trade practices” & deficient service causing injuries & harassment to the complainant .
8. The complainant has confined her relief(s) to declare the service rendered by the opposite party in connection with the sale & transfer of the Cable TV Network as deficient service & “unfair trade practices” and further prayed for an award of compensation of Rs.1,00,000/- against the OP payable to the complainant on account of the harassment and loss caused to her by the opposite party. However, no cogent evidence is adduced to prove any loss or injuries sustained by the complainant .Mental agony & harassment caused if any due to “unfair trade practice”& “deficient service” cannot be measured however, award of monetary compensation to the complainant by way of punitive damage against the OP for their “unfair Trade Practice”& “deficient service” payable to the complainant may compensate the complaint some extent..
9. The claim of the complainant is of higher side as such allowed in part. We think it proper to award to award compensation of Rs.10,000/- by way of punitive damage against the OP payable to the complainant within a stipulated period of time. Hence it is order.
ORDER
This complaint is partly allowed ex-parte against the Opposite Party. .The O.P is directed to pay Rs.10,000/- by way of punitive damage to the complainant toward mental agony & harassment caused for their “unfair Trade Practice”& “deficient service” and further directed to pay Rs. 5,000/- towards litigation cost to the complainant
The Ops is further directed to pay the aforesaid amount to the complainant within four weeks from the date of received of this order failing which the Ops are liable to pay interest @ 12% over the awarded amount till its realization.
Dictated and corrected by me.
President
I agree.
Member
Pronounced in open Commission today on this 9thMarch 2023under the seal and signature of this Commission.
The pending application if any is also disposed off accordingly.
Free copy of this order be supplied to the parties for their perusal or party may download the same from the Confonet be treated as copy served to the parties. Complaint is disposed of accordingly.
Member. President
