Sri Ananta Paleswar Behera filed a consumer case on 01 Dec 2018 against Sri Pranati Sahoo S.Mobility Ltd in the Rayagada Consumer Court. The case no is CC/143/2017 and the judgment uploaded on 11 Mar 2019.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA,
STATE: ODISHA.
C.C. Case No. 143 / 2017. Date. 01 . 12 . 2018.
P R E S E N T .
Dr. Aswini Kumar Mohapatra, President
Sri GadadharaSahu, . Member.
Smt. Padmalaya Mishra, Member
Sri Antta Paleswar Behera, S/O: Late Anata Parama Behera, Near Jagannath Temple, Dist: .Rayagada, State: Odisha. Pin No. 765 001. …….Complainant
Vrs.
Counsel for the parties:
For the complainant: - Sri Pradeep Das, Advocate, Rayagada..
For the O.Ps :- Set Exparte.
J u d g e m e n t.
The present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non refund of deposited amount a sum of Rs.25,000/- towards security deposit and Rs.10,000/- towards parts to continue the service centre. The brief facts of the case is briefly summarised hereunder.
That the complainant as per the instruction of the O.P. No.1 has deposited the amount with the O.P. No.2 bank account in shape of on line account deposit a sum of Rs.35,000/- on Dt. 4.8.2014 for opening of service centre at Rayagada(Odisha). The complainant is an un employed and trained graduate having good and royal name in the locality. Till May, 2016 the complainant has given service to the company. But suddenly during the month of May 2016 without intimating the complainant the O.Ps have stopped the Spice mobile service centre at Rayagada. But till date the O.Ps have not refunded the security deposited amount and advance of spares amount totaling Rs.35,000/- in spite of repeated contact with the O.Ps through E-Mail inter alia phone call. Hence this C.C. case. The complainant prays the forum direct the O.Ps. to refund the above amounts with interest, compensation and such other relief as the forum deems fit and proper for the best interest of justice.
On being noticed the O.Ps neither entering in to appear before the forum nor filed their written version inspite of more than 05 adjournments has been given to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps. Observing lapses of around 1(One) year for which the objectives of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant. Hence after hearing the counsel for the complainant set the case exparte against the O.Ps. The action of the O.Ps are against the principles of natural justice as envisaged under section 13(2) (b)(ii) of the Act. Hence the O.P. set exparte as the statutory period for filing of written version was over to close the case with in the time frame permitted by the C.P. Act.
We therefore constrained to proceed to dispose of the case, on its merit.
Heard from the complainant. We perused the complaint petition and the document filed by the complainant.
FINDINGS.
Undisputedly the complainant has credited Rs.35,000/- on Dt.4.8.2014 through on line transaction in the bank account of the O.P. No.2 (copies of the E-mail letter dt.4.8.2014 of the O.P.1 addressed to the complainant which is marked as Annexure-I). Again there is no dispute the O.Ps. have discontinued the spice mobile service centre at Rayagada on Dt. 9.5.2016(copies of the E-Mail Dt.9.5.2016 of the O.Ps is in the file which is marked as Annexure-2).
The main grievance of the complainant is that after discontinued of the service centre on Dt. 9.5.2016 till the O.Ps have not refunded the security deposit and parts price amounting to Rs. 35,000/- in spite of repeated E-Mail and phone call. and when asked the reason the O.Ps. have silent. Hence the C.C. petition filed by the complainant to get the above amount with interest , compensation and cost.
It further appears that prior to filing of complaint, the complainant had issued letter through E-mail on Dt. 24.10.2016 to the O.Ps narrating the above matter i.e. the service centre was discontinued on Dt. 9.5.2016 but till now the settlement was not done. The complainant has lot of problem, to clear dues as soon as possible. The E-Mail was duly served on the O.Ps.(Copies of the E-Mail Dt.24.10.2016 is in the file which is marked as Annexure-3 ) but they failed to furnish reply to the said E-Mail. Hence it appears that the O.Ps. have been negligent and callous regarding the complaint of the complainant.
During the course of exparte hearing the complainant annexed certain documents such as the E-Mail letter Dt. 4.8.2014 of the O.Ps addressed in favour of the complainant for deposit of money a sum of Rs. 35,000/- for opening of Spice mobile service centre at Rayagada. Further E-Mail letter Dt. 9.5.2016 of the O.Ps addressed to the complainant regarding discontinue of spice service centre . Again E-mail correspondence reminder to the O.Ps. by the complainant for refund of security deposit and spares price amounting to Rs.35,000/-.
After carefully examining the evidence on record, we find no cogent reason to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence tendered by the complainant clearly tends support and absolute corroboration to the evidence.
In absence of any rebuttal materials from the side of O.Ps there is no reason to disbelieve the evidence put forth by the complainant before the forum whose evidence suffers from no infirmity. The evidence adduced by the complainant clearly leads us to arrive at a just conclusion that there is not only deficiency in service but also negligence on the part of the O.Ps in not refunding the above amount as per the provisions laid down under section 14 of the C.P. Act.
On careful analysis of the evidence on record both oral and documentary, we are clearly of the opinion that inspite of doing the needful, the O.Ps are failed to redress grievances regarding the deficiency in service and as a result the complainant was constrained to file this complaint before the forum claiming the relief as sought for. In that view of the matter the O.Ps are liable.
The learned counsel for the complainant submitted that the above service centre was the only source of livelihood and he had paid the above amount to the O.Ps by raising hand loan from the friends and relatives. Besides having that’s why suffered by close of the service centre to its entirety, now he is under an obligation to repay the hand loan amount by way of installments including interest. Further the complainant is a qualified unemployed trained graduate. We fail to understand as to why the O.Ps did not refunded the above amount to the complainant. In this situation, an award of compensation to the complainant by way of interest @ Rs. 9% interest per annum from DT.09.05.2016 on the amount a sum of Rs.35,000/- till realization for the harassment and mental agony suffered by the complainant appears to be perfectly justified.
This forum find there is gross deficiency and negligence on the part of the O.Ps for non refunding the above amounts which is a genuine claim of the complainant.
Hence to meet the ends of justice, the following order is passed.
ORDER.
In resultant the complaint petition stands allowed in part on exparte against the O.Ps
The O.P No. 2 is ordered to refund Rs. 35,000/- towards security amount and spare parts price to the complainant along with interest @ Rs.9% per annum from DT.09.05.2016 till realization besides to pay Rs.2,000/- towards litigation expenses.
The O.P. No.1 is ordered to refer the matter to the O.P. No.2 for early compliance of the above order.
We therefore issued a “Cease and Desist” order against the O.Ps. directing him to stop such a practice forthwith and not to repeat in future.
The O.Ps are ordered to comply the above direction within one month from the date of receipt of this order failing which the complainant is at liberty to entitled 18% interest per annum from the date default till realization . Service the copies of the order to the parties.
Dictated and corrected by me
Pronounced on this 1st. day of December, 2018.
MEMBER. MEMBER. PRESIDENT.
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