Orissa

Cuttak

CC/169/2019

Subhra Kanungo - Complainant(s)

Versus

Somnath Basu - Opp.Party(s)

B K Sinha

20 Jan 2021

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.169/2019

     Subhra Kanungo,

     M/s. Adyan Traders,

     D/O:Gatikrushna Kanungo,Rajendra Nagar,

     Cuttack..                                                                                        … Complainant.

 

Vrs.

1.      Mr. Somnath Basu(RSM),                                                  

Office Adderess: M/s. Adyan Traders,

C/o: Reflexions the Family Salon,Spa,Upstair new drusti

Optical and Ruti Rumal near Sani Mandir,

Raja Bagicha,Ring Road,Telengabazar,

Cuttack-751010.

 

               Permanent address:

S/o: Mr. Tripura Ranjan Basu,

Res. Of Block-76,Sagar Bhaga Ciolony,Durgapur,

29. Cake Area,Near Avindan Lodge,

Bardwan,West Bengal.

 

2.     Mr. Sandeep Ghosal(RSM),Modimundi

Pharma Beauty Product Pvt. Ltd.,

At: 700046.Biswakarma Building,4^th Floor,Topsia Road(South),

Kolkata.

 

3.    Mr. Rajeev Bobbal (Head Office),Modimundi

Pharma Beauty Product Pvt. Ltd.,

Regd. Office:1400,Modi Tower,98,Nehru Place,

New Delhi-110019.

 

4.   Head of the office, Managing Director,

Mr. Umesh Modi,

Modimundi Pharma Beauty Product Pvt. Ltd.,

Resd no.1400,Modi Tower,98, Nehru Palace,

New Delhi-110019.… Opp. Parties

 

Present:               Smt. Sarmistha Nath, Member (W)

                                Sri  L.N.Das Choudhury,Member

                               

 

Date of filing:    24.12.2019

Date of Order:  27.01.2021

 

For the complainant          :    Sri B.K.Sinha,Adv. & Associates.

For the O.P No.1.                :           None.

For O.Ps 2 & 3                     :    Sri T.K.Mishra,Adv. & Associates.

 

   

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for redressal of his grievances U/S-35 of the C.P.Act,2019 in terms of the prayer made in the complaint petition alleging deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in short is that the complainant in order to maintain herself and her family opened a cosmetic saloon in the name and style M/s. Adyan Traders. 

The O.P No.1(Mr. Somnath Basu) along with Anjan Roy(RTE) approached the complainant in his capacity as the marketing employer of Revlon professional and Adyan Traders seeking the permission of the complainant to be appointed as the distributor of their grand product Revlon professional for the state of Odisha.The O.Ps had approached the complainant in the month of Februaryt,2019 at their office(Adyan Traders,42 Mouza,Rajabagicha,Cuttack) and on being influenced by theassurance given by the O.Ps, complainant accepted the offer of the O.Ps to become the distributor of their products.The O.Ps were to appoint the complainant as their distributor of Revlon professional, since the complainant has extensive knowledge in the field of distribution and supply of cosmetics products and the O.Ps were interested to launch their product to capture the market with assurance of qualitative products.Thereafter the complainant accepted their request for being their product/service partner and requested them to start in April,2019.

The O.P pressed hard to the complainant to accept the offer instantly but the complainant expressed her inability as there was scarcity of funds and the complainant requested the O.Ps to undertake the required paper work in the matter so as to accept the offer.The complainant received a mail attached with invoice in the month of February,2019 from the O.Ps. On enquiry, the complainant was intimated over phone that she has to invest at least Rs.6.00,000/- to be appointed as the distributor for the State and without investment they cannot open the distributor code.Being dissatisfied with the plea advanced by the O.Ps, the complainant asked the O.Ps about the codified provisions for appointment of distributor but the O.Ps did not comply with the same and persistently pressurized the complainant to invest the said amount.Further the O.Ps intimated the complainant that as per standard company policy, the complainant has to invest for first three consignments on cash and carry mode.

In the month of February,2019 the complainant invested Rs.5,62,532/- for the product of Revlon Company.But in April,2019 she received products, in which she found that there was shortage of goods for Rs.50,000/- and goods value of Rs.2,20,000/- has expired and nearing expiry. When the complainant approached the O.Ps through mails official’s conversations; rather than taking return of the products, they forced the complainant to sell those products by re-levelling them to which the complainant did not agree and again approached the O.Ps to take back goods and to send a fresh consignment against the value.Copy of tax invoice and product details are Annexure-1 series.

After two months, O.Ps appointed another distributor without giving any prior official intimation to the complainant which is breach of mutual trust and official terms.The complainant approached the O.Ps for settlement of her account and to transfer of O.Ps products.The O.Ps asked her for minimum 35 to 40 days for FNV settlement as per company norms to which the complainant approached them not to linger the process as she has to pay the loan interest and other miscellaneous charges.

On 30^th, Septemnber,2019 the O.Ps asked the complainant to submit all required documents over mail and the complainant accordingly submitted all the required documents.But thereafter the O.Ps approached her for new document each day and the complainant tried her best to produce all documents before the O.Ps.On 30^th September,2019, again the O.Ps approached the complainant for acknowledgement of the marketing employee of the product where the O.Ps have the evil intention to harass the complainant.Copies of the mail conversations are annexure-2 series.

The complainant approached the consumer counselling centre,SCDRC,Cuttack.The counsellor sent notice to O.Ps on 1.11.2019 that the O.Ps have to present within 15 days of the receipt this notice at the Counselling Centre for amicable settlement of this matter.But the O.Ps did not turn up.Copy of the counselling centre notice and postal receipt are Annexure-3 series.The complainant further averred that the O.Ps are grossly negligent to render due service to complainant and it is a clear case of deficiency of service.So the complainant prayed for a direction to the O.Ps to pay Rs.5,62,532/- towards value of all products paid by thecomplainant, to payRs.2,00,000/- for mental agony and suffering,Rs.1,70,000/- as compensation and Rs.30,000/- towards cost of litigation, in total Rs.9,62,532/-in the interest of justice.

1.Though the O.Ps have received notice but did not appear and they were set exparte.

2.We have heard from the learned counsel for the complainant and gone through the case record and documents and found that the complainant has invested Rs.5,62,532/- for the products of the company but when she complained about shortage of goods and expiry of some items and made several correspondences, the O.Ps did not take initiative to address the problem.  On the other hand O.Ps appointed another distributor.  Since the O.Ps did not participate in the hearing, we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted averments of the complainant.  We are of the considered view that the O.Ps have adopted unfair trade practice and the complainant has suffered from mental agony for which O.Ps are jointly and severally liable for the same.

                                                                             ORDER   

The case of the complainant is allowed exparte against the O.Ps and O.Ps are directed to refund Rs.5,62,532/- invested for products and pay Rs.1,00,000/- towards compensation and litigation cost of Rs.20,000/- to the complainant within a period of 45 days from the date of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th day of January,2021 under the seal and signature of this Commission.

                                                                                                                                                                                        

Smt. Sarmistha Nath

Member(W)

                                                                                                           

 

Sri L.N.Das Choudhury

Member.