Date of filing of the case –    27.12.2017

                                                                                                                  Date of order                     -     30.11.2018

JUDGMENT

Sri A.K.Purohit, President                                                                                        

1           The case of the complainant is that, for his employment purpose and to earn his livelihood the complainant started a business in the name and style of “Dev Enterprises” dealing with agricultural products. The O.P. is a supplier of agricultural products and is dealing with his business at Balangir through his agent. The O.P. agreed to supply the agricultural products to the complainant and according to the agreement between the parties the complainant had paid Rs.25,000/- towards security amount to the O.P. for supply of agricultural products to the complainant on dated 15.5 14. The complainant alleges that, although he had paid the security amount the O.P. did not supply the goods as per agreement and hence lastly the complainant send a request letter on dated 10.2.16 but the O.P. did not respond to the same. Hence the complaint.

2.          Although notice has been served on the O.P. neither he appears nor has filed his written version and hence he was set experte vide order dated 6.9.18.

3.           Complainant absent on call. Perused the complaint petition and the documents filed by the complainant. It is seen from the complaint petition that, the complainant has started with his business for employment purpose and he has specifically pleaded that he being an educated person and to maintain his livelihood has started his business . Hence the complainant is a consumer and the case is not coming within commercial purpose. It is evident from the account statement filed by the complainant that an amount of Rs. 25,000/- has been withdrawn from the account of the complainant on dated 15.5.14. Therefore it is believed that, the complainant had paid the security amount of Rs. 25,000/- to the O.P. for supply of goods. It is seen from the request letter of the complainant send to the O.P. that, after receipt of the security amount the O.P. has not taken any step for supply of agricultural products to the complainant as per their agreement.

4.            With these material available on record it is evident that the O.P. has violated the terms and condition of the agreement and there is no reasons for violating the same after receipt of the security amount. Non-supply of goods after receipt of the security amount by the O.P. amounts to deficiency in service on his part.  Hence ordered:-

                                                                     ORDER

                  The O.P. is directed to refund the security amount of Rs. 25,000/- (twenty five thousands) to the complainant with interest at the rate of 9% from15.5.14 till payment within one month from the date of receipt of this order. The O.P. is further directed to pay Rs. 1000/- (one thousand) to the complainant towards cost within the aforesaid period.

Accordingly the case is disposed of.

Order pronounced in open Forum this the 30^th day of November’ 2018.

                                                                (S.Rath)                                                    (A.K.Purohit)

                                                             MEMBER.                                                PRESIDENT