BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case is that in the year 2019@ through internet O.P. got information about complainant’s hobby and he contacted with complainant. In course of time through internet and phone call O.P. started to maintain a good relation with complainant by showing good gesture and friendly attitude and he informed complainant to use his Coco pith for his garden as it is useful for plantation system. After few months of above friendly relation O.P. offered complainant a good quality of Coco pith from his business house as they had a good relation he would provide best quality. Out of good relation as mentioned above and out of good faith complainant requested O.P. to send some specimen for quality. After getting some specimen and after inspecting complainant got satisfied by that specimen and ordered a huge amount of same materials of some specific grade and quality. Out of that order O.P. fixed a rate and complainant agreed to pay the amount before the delivery as O.P. said he need the amount for arrangement of delivery. The Xerox copy of order annexed herewith and marked as ‘P1’. The articles of business was Coco pith compost of 5kg.  blocks quality code was (HSN : 5305), Quantity of order was 7000 Kg. total agreed amount of purchase value fixed of Rs. 95,900/-. A photostat copy of tax invoice is annexed herewith and marked as ‘P2’ being invoice no. 090. On 12.11.2019 complainant ordered by above invoice and paid a sum of Rs. 95,9000/- in O.Ps account of KARUN VYSYA BANK, Polachi Branch, IFSC KVBL0001181, A/C No. 1181135000013349 ( E way bill no. 561148353536) on 13.11.2019 through his own bank i.e. United Bank of India, Nimtouri Branch. On 25.11.2019, O.P. stated that he sent the materials which was on the way and after a long waiting the materials reached on 27.11.2019 by road service at complainant stipulated place at Haldia and before receiving articles complainant examined the quality and found that quantity of the above articles/materials and being astonished he saw that O.P. sent a damaged and poor quality of materials which were not ordered articles where he took amount of another stipulated and specific quality. Then and there complainant called O.P. through phone and said he was unable to take the different articles which are poor and damaged. But after waiting some days being anxious and dissatisfied complainant called O.P. again and again for the articles for which he paid all above amount of fixed rate to him but it is seen that O.P. started dilatory and avoiding attitude to deliver the articles. Out of deep mental pain and agony complaint sent a legal notice through read with A/d and also through E Mail and Complainant cried for either the Article or the paid amount by him without any interest but all in vain. Being seriously frustrated, with serious mental shock and pain complainant came before this Commission to obtain justice. In this circumstances it is humbly prayed for passing order for awards in favour of complainant as follows. Rs. 95,900/- which was paid by complainant in favour of O.P. and compensation of Rs. 75,000/- and Rs. 15,000/- as towards litigation cost.

          Having received the notice, O.P. entered appearance and filed written statement admitting inter alia about the transaction made in between the complainant and the O.P. and denial of some facts, however, ultimately, the O.P. preferred to see that the case is decided ex-parte against it.

Points for determination are:

1. Is the case maintainable in its present form and in law?                                              2.    Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transaction made by him with the O.P. The case is maintainable in its present form and in law.

 Now, it appears that the complainant by his uncontroverted examination-in-chief on affidavit has stated that on good faith he made payment of Rs. 95,900/- for getting supply of Coco pith compost of 5 kg. blocks quality code was ( HSN: 5305), quantity of order was 7000 kg. From the annexure that is i.e. the bank document and tax invoice it appears that the O.P. received the said amount of 95,900/- in his bank account. But there is no iota of evidence to show that the O.P. delivered the goods to the complainant as per the said invoice raised by him. After receiving of the payment for the goods and remaining silent over the non delivery of the goods as per invoice is an instance of unfair trade practice. It further transpires from the materials on records that the O.P. caused deficiency in service by not delivering the Coco pith compost which were likely to be used in complainant’s own garden for proper plantation. So, from the unchallenged evidence on record it is  established that the complainant is entitled to get the reliefs that is to get the refund of Rs.95,900/- along with simple interest @ 8 % per annum from the date of filing of this case till realization, along with Rs. 5,000/- as towards compensation and Rs. 5,000/- as towards litigation cost.

         Thus both the points are decided in favour of the complainant.

Hence, it is

O R D E R E D

That CC/656 of 2019 be and the same is allowed ex parte against the OP.

          The Opposite Party is hereby directed to pay a sum of Rs.95,900/-as along with simple interest @ 8 % per annum from the date of filing of this case till realization along with Rs. 5,000/- as towards compensation and Rs. 5,000/- as towards litigation cost within two Months from the date of this order, failing which the complainant will be at liberty to put this order into execution.

 Let copy of the judgment be supplied to all the parties free of cost