1.                     The brief history of the case of the complainant is that he is an unemployed youth and came to know that the OP is offering franchise of Aadhar related work and hence the complainant contacted the OP for acquiring that job for Jeypore i.e. to open Aadhar enrollment Centre at Jeypore in the district of Koraput.  The OP agreed to offer franchise to the complainant and sent all related documents.  After filling up of documents, the complainant sent back the same to the OP.  The OP also agreed to supply equipments such as Finger Print Scanner, Web Cam, Iris on receipt of Rs.35, 000/- and hence the complainant sent Rs.35, 000/- from the Account No.34623108074 belongs to Southern District Education of SBI, Jeypore Bazar Branch to A/c No.35664258967, Branch Minal Residency in the name of Pahal Info System Pvt. Ltd. on 17.8.2016.  It is submitted that the OP sent materials through Tracon Courier which was received by the complainant on 09.09.2016 but on opening the parcel, the complainant found that the machines are old, Finger Print device is broken, Iris is not functioning and the USB Cord is not available.  On intimation about the condition of the machines, the OP advised the complainant to send back the machines and he will return the money.  It is further submitted that the complainant returned the machines through Flyking Courier service on 14.9.16 and the OP received back the materials on 03.10.16 and from that date the OP is only assuring to return the money but in vain.  Thus alleging unfair trade practice on the part of the OP he filed this case praying the Forum to direct the OP to refund Rs.35, 000/- towards cost of the machine with interest @ 12% p.a. from 17.8.16 and to pay Rs.50. 000/- towards compensation and Rs.5000/- towards costs to the complainant.

2.                     In spite of valid notice, the OP neither filed counter nor participated in the proceeding in any manner.  Hence after repeated opportunities, the case was heard from the complainant alone for orders basing upon the documents available.  We have also perused the materials available on record filed by the complainant.

3.                     In this case the complainant on going through NET came to know that the OP is offering Aadhar related franchise.  On contact the OP being convinced, sent relevant documents to be filled up by the complainant and after all ground works, the OP agreed to supply machines to the complainant on receipt of Rs.35, 000/- towards cost of Aadhar related machines.  It is seen from the record that the complainant has sent Rs.35, 000/- from the A/c No.34623108074 belongs to Southern District Education with SBI, Bazar Branch on 17.8.16 to the accounts of Pahal Info System Pvt. Ltd. vide A/c. No.35664258967, IFSC – SBIN0010528.

4.                     The complainant stated that the OP sent the materials through Tracon Courier which was received on 09.09.16 and on opening the parcel, it was found that the machines are old, Finger Print device is broken, Iris is not functioning and the USB Cord is not available and on intimation about the condition of machines, the OP advised the complainant to send back the machines and he will return back the money.  It is found that from the record that the complainant has sent back the machines through Flyking Courier on 14.09.2016 to which the OP has received on 03.10.2016 with due acknowledgement.

5.                     The complainant stated that he has been approaching the OP from 14.9.16 to refund the money but in vain.  Perused the case record and found that the complainant has requested the OP for refund of his money through emails on 14.9.16, 03.11.16, 05.11.16 and so on and so forth but has not received any reply from the OP except phone calls from the OP assuring early refund of money.  Finally the complainant has filed this case against the OP on 26.5.17 and the OP has also received the notice but did not prefer to participate in this proceeding.

6.                     In absence of counter and participation of OP in this proceeding, the allegations supported by relevant documents remained unchallenged and those facts cannot be disbelieved.  In view of the above facts, we safely hold that by supplying old and broken machines after receipt of full consideration, the OP violated the terms and conditions agreed between the parties, the copy of which is available on record.  Further on receipt of said dilapidated machines and in spite of assurances, the OP has not returned the cost of machines to the complainant which is a gross negligence on the part of the OP and the complainant is running after the OP.  In the above circumstances, the complainant is entitled to get back Rs.35, 000/- with due interest w.e.f. 17.8.2016 from the OP.  Being an unemployed youth, his aim to sustain his livelihood could not be materialized due to such unfairness activities of the OP and hence the complainant must have suffered some mental agony and harassment for which he is entitled for some compensation and cost of this litigation.  Considering the sufferings of the complainant, we feel a sum of Rs.10, 000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

7.                     Hence ordered that the complaint petition is allowed in part and the OP is directed to refund Rs.35, 000/- taken towards cost of the machine with interest @ 12% p.a. from 17.8.2016 and to pay Rs.10, 000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.

(to dict.)