The brief facts of the complainant case, is that, the complainant is a small businessman for sale of R4 plastic churi and other items. He is doing the hawking business since long and his family is totally depend on his little income.  The O.P is a wholesale business of churies etc. in the name of style ‘R4 Plastic Churi’ situated at 73/2, Patal Sadhu Sarani, Nabadwip, Nadia. The O.P has the supplying business of churies to the retailer of different places of North Bengal and he is a visiting terms at Alipurduar for his business purpose and a friendship was created with this complainant due to this frequent visit. After taking the said advantage of friendship the O.P offered to the complainant that he like to supply the churies or other items of wholesale to retailer of the complainant and if the complainant take the said goods then the O.P get the special percentage of profit after relying the O.Ps the complainant at first was not agreed of the said proposal but ultimately the complainant was convinced  and both of them enter into a verbal agreement whether the O.P assured the complainant that the complainant will pay of Rs. 50,000/- to the O.P and the O.P will sent the product on the amount of Rs. 80,000/- through transport and the rest amount of Rs. 30,000/- will pay the O.P by the complainant after 30 days with receiving the product. Then on the pressure of the O.P the complainant was compelled to the proposal of the O.P and ultimately on 13/09/2021 the complainant handed over the cheque of Rs. 50,000/- to the O.P on the S.B.I., Alipurduar Branch and the said cheque was en-cashed by the O.P that since receiving the cheque. The O.P did send the product by the complainant of verbal agreement in several times. Complainant requests him to send the product to the O.P but the O.P did not send the said product with various pretext.

 On several request by the complainant, the op agreed to return the money as he unveil to send the product due to his personal problems and the O.P assured the complainant that he will assured the complainant to return the advance money by the two installments. Thereafter the O.P sent a cheque to the complainant amounting to Rs. 29,500/- as first installment on his account on S.B.I., Nabadwip Branch. The cheque presented by the complainant to his account and the said cheque was dishonored and the bank was issued the certificate. Thereafter the complainant contacted with the O.P and the O.P assured that he will come and pay full amount by cash to the complainant and to return back the bounce cheque. But the O.P did not turn up and willfully failed and ultimately to deny the said amount to his customer that is the complainant. That on 21/04/2022 the complainant sent a legal notice to the coplainant which was duly received by the O.P. There is deficiency in service from the side of the O.P he did not supply the product at the same time and did not return the advance amount. The complainant has filed this case for return of the said amount of Rs. 50,000/- with interest along with compensation of Rs. 1,00,000/- for his mental agony and harassment  and Rs. 20,000/- as litigation cost; total Rs. 1,70,000/

After filing of this case the notice was sent to the O.P Rupam Das by a registered post and the said notice was received one Rohit Das for Rupam Das by signing of acknowledgment. So the service of the notice is a good one. But the O.P did not turn up and not contest the case and hence, ex-parte.

In this case according to the provision of C.P. Act, 2019 the complainant is the consumer as because he handed over a cheque for the advance money for the purchaser of some articles from O.P and the O.P has received the cheque and it was en-cashed.  So the complainant is the consumer as per law and this Commission has the jurisdiction to try this case.

It is the case of the complainant that he is a hawker for selling of churi and other items at Alipurduar and the business is only for livelihood. The O.P is the wholesale supplier of churies and the material which the complainant used to sale.  A friendship grown up in between the parties and the O.P assured to complainant to supply churies and other matters in amount of Rs. 80,000/- and out of which the complainant paid Rs. 50,000/- by a cheque bearing No. 313879 on S.B.I, Alipurduar Branch and the cheque was en-cashed by the complainant did not supply the goods and ultimately O.P agreed to return the advance amount in two installments one installment of Rs. 29,500/- was paid by a cheque bearing No. 623607 dated - 05/10/2021 for S.B.I., Nabadwip Branch and the said cheque was to deposit the bank by the complainant and it was dishonor due to insufficient fund  and the complainant asked the O.P to return the amount and the O.P assured to return the amount in cash but ultimately failed. The complainant filed Annexure - 1 i.e. his bank statement from which it appears that one cheque of Rs. 50,000/- was en-cashed on 13/09/2021 from his savings account. It appears that O.P issued a cheque of Rs. 29,500/- on 05/10/2021 in favour of the complainant in Annexure - 2 the cheque was deposited to Alipurduar Branch in the account of complainant and it was dishonored due to insufficient fund Annexure - 6 is the documents. Annexure - 3 is the Advocate letter issued by the Ld. Advocate by the complainant to the O.P and Annexure - 5 is the track consignment report by which it appears that the O.P has received the said legal notice but did not reply the same or make any payment to the complainant.  From the documents as well as the evidence-on-affidavit of the complainant it appears that the allegation made by the complainant has been proved by his evidence there is no reason to disbelieve to unchallenging testimony of the complainant. We find that the complainant has paid an advance amount of Rs. 50,000/- to the O.P for purchasing of various goods from his but the O.P did not supply the said goods as well as O.P did not return the advance amount to the complainant. OP sent a cheque of partial advance to the complainant and which was dishonored. The legal notice was served the O.P but the O.P did not turn up. Under this circumstances we find that being a consumer the complainant is entitled to get back the advance amount of Rs. 50,000/- along with interest as well as for compensation for his mental agony and suffering of Rs. 80,000/- and Rs. 10,000/- as litigation cost from the O.P. O.P is bound to pay the said award to the complainant with in specific time as mentioned below.

             Hence, for ends of justice; it is;-

                                                                    ORDERED

           that the instant case be and the same is allowed ex-parte with costs against the O.P. The complainant Sri. Manik Chanda do get the award amounting to Rs. 50,000/- (Rupees Fifty Thousands) which is the advance amount along with the interest of @ 8% P.A. from the date of filing of the case  till realization of the same and he also do get a further award of Rs. 80,000/- (Rupees Eighty Thousands)  as compensation for his mental agony, harassment and sufferings and also Rs. 10,000/- (Rupees Ten Thousands) as litigation costs against the O.P; total decreetal amounting to Rs. 1,40,000/- (Rupees One Lakh Forty Thousands) excluding interest. The O.P is hereby directed to pay the total decreetal amount along with the interest on the advance amount of Rs. 50,000/- as stated above till the payment is made to the complainant. The O.P is directed to pay the said award to the complainant within 30 days from the day of receiving this order i.d. legal action will be taken against him.

Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.

Dictated & Corrected by me