DATE OF DISPOSAL: 22.05.2023
SRI SATISH KUMAR PANIGRAHI, PRESIDENT:
The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging unfair trade practice by the Opposite Parties (in short O.Ps) and for redressal of his grievance before this Commission.
2. The complainant is an unemployed person without any job and was seeking the job for his livelihood having ITI in Electrical Trade. In the meantime the O.P. was in contact with the complainant at Rourkela who assured to keep engaged in providing Technical Training in Tata Power Skill Development Institute and after the job training in over, is to be placed either in TATA steel in Tata power in pan India. For the above purpose, the O.P. received Rs.50,000/- only on 22.01.2020 by virtue of an agreement signed by both parties and the instrument notarized on 23.01.2020 by Sri N.C. Patnaik, Notary Rourkela and identified by Sri A.Mandal, advocate. While the matter stood thus, the complainant approached the O.P. for the technical training etc. as per the agreement but the O.P. asked for balance money Rs.1,00,000/- though terms of contract as stated in agreement was not complied. Waiting for the compliance of the terms and agreement dated 22.01.2020 the complainant requested the O.P. for refund of money of Rs.50,000/- only with 12% interest. The complainant regularly contacted the OP through phone and assured for early refund of money but since it was not paid, made a correspondence on 19.08.2021 for early compliance in payment of Rs.50,000/- along with 12%interest. Alleging deficiency in service on the part of the OP the complainant prayed to direct the O.P. to refund Rs.50,000/- with 12% interest per annum from 20.01.2020, Rs.20,000/- towards compensation for harassment and mental agony, Rs.5,000/- towards cost of litigation in the best interest of justice.
3. Notices were issued against the Opposite Party but they neither choose to appear nor filed any written version. Hence the O.P. set exparte on dated 02.02.2023.
4. To substantiate his case the complainant has filed his evidence on affidavit, documents as per list and written notes of argument.
5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it.
6. We have also thoughtfully considered the submissions made before us by the advocate for complainant. It is pertinent to mention here that though opportunity was given to the O.P. to defend the case but he failed to do so. As such taking the sole testimony of the complainant in to consideration it is presumed that the complainant’s contention is true.
7. On foregoing discussion it is crystal clear that the O.P. is negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.P.
8. In the result, the complainant’s case is allowed on exparte against the O.P. The O.P. is directed to refund Rs.50,000/- only with 4% interest per annum to the complainant within 45 days from receipt of this order. Further the O.Ps also directed to pay Rs.3000/- as costs of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum till its actual date of realisation for the date of filing of this case i.e. on 21.01.2022 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues. This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.
The file is to be consigned to the record room along with a copy of this Judgment.
PRONOUNCED ON: 22.05.2023.
