DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                            C.C.NO.53 OF 2022

                                                                                                 Date of Filing : 18.10.2022

                                     Date of Order : 26.12.2022

Gitanjali Padhy

Dharitri SHG Group,

AT-Bahadapada, PO- Sarangada

DIST- Kandhamal.                           …………………….. Complainant.

Versus.

1.Ratnamani Nayak

Maa Prativa Enterprises,

AT- Raikia

DIST- Kandhamal

2.Amira Nayak

Maa Prativa Enterprises,

AT- Balliguda

DIST- Kandhamal                          ………………………….. Opp. Parties

Present: Sri Purna Chandra Mishra    - President.

                           Sri Sudhakar Senapothi     - Member.

For the Complainant:   Self

For O.Ps.-   Ex-parte

JUDGEMENT

Sri Sudhakar Senapothi, Member

Complainant Gitanjali Padhy has filed this case U/s. – 35 of CP Act., 2019 alleging deficiency of service on the part of the OPs for not supplying one oil expeller machine in-spite of payment of full and final of cost and praying therein for direction to the OPs to refund a sum of Rs. 22000.00 with interest and compensation for deficiency in service and harassment

1. Brief fact leading to the case is that the complainant is the President of Dharitri Self Help Group. In order to make some income the self help group was induced by the OP NO. 1 & 2 to purchase oil expeller from them at an cost of Rs. 22000.00 to supplement to their income for earning their livelihood. Relying the version of the OPs they paid a sum of Rs. 22000.00 to the OP No. 1 & 2 vide receipt no. 618 dated 14.02.2021. As per their commitment the machine was to be delivered to the complainants group within a month but even after lapse of one year the OPs did not provide the machine to the complainant for which feeling harassed she has filed this case on behalf of the SHG Group in her capacity as the President of the Dhariti SHG for the reliefs as discussed above.
2. Notice was issued to the OPs by registered post in the correct address with postage prepaid. The OP No. 1 received the notice but OP No. 2 avoided to received the notice and the postal authority return the notice with the remarks “in sufficient address”. So notice was sent to the OP No. 2 in his whatsapp number 9348423863 on 29.11.2022 which was duly received by him. In spite of notice served upon the OPs they neither appeared nor challenged the allegation raised against them in any manner for which it is deemed that the OPs have admitted the allegation raised against them.
3. The only question before us is whether the complainant is entitled to get back the money along with compensation for harassment. It is seen from the extract of the copy of the resolution that on 14.02.2021 they have hold an meeting at Bahadapada and in that meeting resolution was passed to install a oil expeller and the Sir and Madam received a sum of Rs. 22000.00 from them and also took the photograph of the resolution register. Further it is seen that the OPs have issued a money receipt to the complainant for Rs. 22000.00 vide money receipt no 618 dated 14.02.2021. So it is crystal clear that the OPs have received a sum of Rs 22000.00 from the SHG to provide an oil expeller but after receiving the money they have cheated the complainant’s groups and did not supply the machine even after lapse of more than one year which is a clean case of deficiency in service and unfair trade practice.
4. The members of this group are poor people and by inducing them through sugar coated words and by showing them rosy pictures of income the O.Ps have cheated the rustic poor ladies who are struggling hard for their survival to earn a meal a day. Now a days it has become common to cheat people to grab their hard earned money by using sugar coated words and by showing them rosy picture of high income and the poor and innocent people are falling prey to their evil design. This short of conduct on the part of the OPs is highly undesirable and such practice needs to be brushed away with strong hands. The poor ladies needs to be protected properly by this Commission. As a case of deficiency in service unfair trade practice and harassment is made out against the OPs they are liable to compensate the petitioner and hence the order.

ORDER

The Complaint petition is allowed ex-parte against the OPs. They are jointly and severally made liable for causing deficiency in service, practising unfair trade practice and harassment to the rustic, poor and innocent ladies. The OPs are directed to pay a sum of Rs. 22,000.00(twenty two thousand)only to the complainant with interest @ 12% per annum with effect from 14.02.2021 till it is actually refunded to the complainant. The OPs are further directed to pay compensation of Rs. 4,00,000/-(Rupees four lakhs)only towards deficiency in service and unfair trade practice and harassment caused to the group and a sum of Rs. 5000/- towards cost of litigation. The order is to be complied within a period of 15 days from the date of receipt of this order.

                                    Computerized & corrected by me.

         I Agree

      MEMBER                                                             PRESIDENT

Pronounced in the open Commissioner today on this 26th day of December 2022 in the presence of the parties.

                 MEMBER                                                                PRESIDENT