Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.03.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund Rs. 4,04,725/- ( Rs. Four Lack four Thousand Seven Hundred Twenty Five only ) vide annexure – 1 along with 15% interest.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that being a proprietor of M/s Rishika Enterprises, Machharhatta, Patna City, had placed an order to opposite party no. 1 i.e. Shaheen Corporation to supply 250 Aluminum containing 200 boxes on 24.03.2012. Thereafter opposite party no. 2 i.e. Murari Sharan Srivastava, regional sales manager of opposite party no. 1, requested the complainant to transfer the amount through R.T.G.S. Thereafter, on 26.03.2012 the complainant sent the amount of Rs. 4,04,725/- through R.T.G.S. from HDFC Bank to opposite party no. 1 vide annexure – 1. Thereafter on 10.04.2012the opposite party no. 1 confirmed the receipt of the amount and admitted that due to some technical difficulties the aforesaid items could not be sent in time. Thereafter vide annexure – 2 i.e. E-mail the opposite party no. 1 informed the complainant that they will refund the amount. When the amount was not refunded by opposite party no. 1 then the complainant vide annexure – 3 requested the opposite party no. 1 to refund the aforesaid amount of Rs. 4,04,725/- through R.T.G.S. in complainant’s account no. 03322560003153 of HDFC Bank, Patnabut the opposite party no. 1 did not comply his word and thereafter the complainant sent a legal notice vide annexure – 4 for returning the amount of Rs. 4,04,725/- along with 24% interest but nothing happened and thus the complainant was forced to lodge this complaint.
From order sheet it transpires that when the registered notice sent to the opposite parties did not returned then vide order dated 14.09.2016 valid Tamila was declared and the opposite parties were allowed several adjournments for filing written statement but they failed to either appear or file written statement despite sufficient time allowed to them.
It is needless to say that as the complainant has asserted his facts on affidavit and there is no counter version of opposite parties hence we have no option but to rely on the facts asserted by the complainant. Which clearly suggest that the opposite parties have committed deficiency in service.
Hence we direct the opposite parties to refund the aforesaid amount of Rs. 4,04,725/- ( Rs. Four Lack four Thousand Seven Hundred Twenty Five only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay 10% interest on the above said amount till its final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
