For Complainant         :           Self.

For Opp. Party             :           None.

                                                -x-

1.                     The brief history of the case of the complainant is that she went to Surat, Gujrat on 25.01.2019 for purchase of different kind of Lehngas for a marriage ceremony to be scheduled on 20.02.2019 and selected 66 Nos. of Lehngas worth Rs.42, 000/- in the shop of the OP and she also paid Rs.42, 000/- to the OP from the account of her husband through different transaction receipts.  It is submitted that the OP agreed to send the goods to Jeypore through transport service on 25.01.2019 which will be delivered to the complainant at Jeypore on or before 04.02.2019.  It is submitted that on reaching Jeypore the complainant asked the OP regarding status of the goods and the OP did not give a concrete reply.  When the OP was asked to furnish the transport receipt, the OP finding no other way dispatched the parcel through Great India Roadways transport with Lorry Receipt No.466432.  It is further submitted that the complainant received a parcel on 01.03.2019 and found some substandard Sarees and Kurtis inside the parcel and on call to OP over phone, he did not respond.  The complainant also made correspondence with the OP through Speed Post letter dt.02.03.2019 stating the whole state of affairs with request to take back the goods and return the money but the OP remained silent.  Thus alleging defect               

 in goods on the part of the OP, she filed this case praying the Forum to direct the OP to refund Rs.42, 000/- + Rs.532/- towards transport expenses + Rs.41.30 towards Postal expenses with interest @ 15% p.a. from 25.01.2019 and to pay Rs.1, 05,000/- towards compensation and cost to the complainant.

2.                     The registered notice from this Forum was returned with postal remark “Refused” as noticed from the returned cover.  Thus the OP lost opportunity to counter the allegations of the complainant against him.  However, refusal of notice means that the entire fact is within his knowledge and he did not like to contest the case.  Hence notice is deemed to be served on the OP.

3.                     We have heard from the complainant at length and perused the materials available on record.  It is seen that the complainant after receipt of parcel could find that the said parcel does not contain the materials which were purchased from the OP by her.  It was containing some Sarees and Kurtis on damaged conditions.  The complainant also had sent a letter on 02.05.2019 to the OP intimating about the items sent other than the items purchased and also requested the OP to take back the goods and return the amount involved in it.    The OP on receipt of letter did not respond.

4.                     The complainant in support of her case has filed certain documents which were minutely perused.  She stated that the OP had mentioned the Lehngas of different type as ordered, in a register maintained in his shop but sent damaged Sarees and Kurtis vide its Bill dt. 06.02.2019. On perusal of the bill of the OP it is seen that he has sold Misc. Sarees @ Rs.290/- only.  There is no mention of Kurtis in the said bill though available in the parcel.

5.                     In absence of counter and participation of the OP in this proceeding, we lost opportunity to know anything from him and hence the allegations of the complainant remained unchallenged.  Thus we come to the conclusion that the complainant had booked for 66 Nos. of Lehngas with the OP and had paid Rs.42, 000/- but the OP has sent other items than the purchased ones.  The OP also on receipt of letter dt.02.03.2019 from the complainant did not prefer to take any action.  The above inaction of the OP in our opinion amounts to Unfair Trade Practice on its part and hence the complainant is entitled to get back Rs.42, 000/- and other expenses with due interest.  Further the complainant due to such inactions of the OP must have suffered some mental agony and physical harassments for which she is entitled for some compensation and cost.  Considering the sufferings, we feel, a sum of Rs.5000/- towards compensation besides Rs.500/- towards cost of litigation in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part and the Opp. Party is directed to refund Rs.42, 000/- towards the cost of the goods + Rs.532/- towards transportation charges + Rs.41.30 towards postal expenses with interest @ 12% p.a. from 25.01.2019 and to pay Rs.5000/- towards compensation besides Rs.500/- towards cost of litigation to the complainant within 30 days from the date of communication of this order.

(to dict.)