DATE OF DISPOSAL: 22.05.2024.
PER: 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 deficiency in service against the Opposite Party (in short O.P.) for redressal of his grievance before this Commission.
2. The complainant is unemployed graduate and for livelihood was engaged in self employed sources. At that moment the O.P. approached the complainant for entering to an agreement called “Super stockiest Agreement”. Since the complainant was unemployed agreed for the same and entered to the Agreement on dated 25.02.2020. Basing on the aforesaid agreement the complainant arranged necessary infrastructures for stocking of beverages hoping the last life of future prospectus for which invested large amount. In terms of the said agreement dated 25.02.2020 the complainant paid Rs.4,80,000/- to the account on 05.03.2020 out of which Rs.3,00,000/- paid security deposit and balance sum towards the costs of 1st consignment. The O.P. had for the first time introduced product within the name and style of NOCD. On 05.06.2020 vide invoice No. 05 dated 03.06.2020 a vehicle bearing No. AP-39-DD-8633 reached with 300 cases dispatched from Chennai to Berhampur. The aforesaid stocks carried old, leaked and damaged stock with empty containers. The complainant expressed his inability to unload the same and requested to return the money since the agreement was entered with good faith. The O.P. deputed his persons to ascertain the real fact and on confirmations transferred the videography of the products posted the same whatsapp. After instruction the O.P. refunded Rs.3,00,000/- and agreed to send fresh consumable stock worth Rs.1,80,000/-. The another vehicle carrying stocks of 120 cases of NOCD energy drink out of which about 107 cases of leaked or damaged and hence the complainant returned the said containers. The complainant requesting the O.P. for refund of Rs.1,80,000/- so paid to the O.P. The complainant issued legal notice through the advocate on 23.08.2021 stating the details therein and asking to refund the balance money of Rs.1,80,000/- immediately. The complainant had transferred Rs.4,80,000/- to the account of the O.P. on 05.03.2020. Inspite of the same the O.P. remained silent violating the terms and conditions of the agreement dated 25.02.2020. Alleging deficiency in service on the part of the O.Ps the complainant prayed to refund of Rs.1,80,000/- with 12% interest per annum from the date of deposit i.e. 05.03.2020, compensation of Rs.40,000/- and litigation cost of Rs.15,000/- in the best interest of justice.
3. The Commission admitted the case and issued notice to the Opposite Parties.
4. Duly acknowledging the notice, the Opposite Parties appeared and prayed 19 times to file written version. Hence the O.Ps declared exparte on dated 05.02.2024.
5. On the date of hearing the advocate for the complainant is present. The Commission perused the complaint petition, written argument and evidence on affidavit and documents available in the case record by the complainant. On analysis of the evidence adduced by the complainant, it is revealed that the O.P. has already refunded a security deposit amount a sum of Rs.3,00,000/- to the complainant out of Rs.4,80,000/- as per agreement after confirmation of supply of old, leaked and damaged stock with empty containers on 05.06.2020 through a vehicle bearing No. AP-39-DD-8633 vide invoice No. 05 dated 03.06.2020. Thereafter the O.P. has taken back the said damages stocks from the complainant. But the O.P. did not refunded the rest of the agreement amounting of Rs.1,80,000/-even after confirmation received from his transporter and videography of the supplied stocks to the complainant. The O.P. did not appear and not filed any objection even after provided sufficient opportunities in the case.
On sole testimony of the complainant, the Commission allowed the complaint against the Opposite Parties as exparte. The Opposite Parties who are jointly and severally liable to pay the amounting of Rs.1,80,001/- as per super stockiest agreement dated 25.02.2020 and debit note dated 12.12.2020 with interest @ 7% per annum from the date of debit note:12.12.2020 together with litigation costs of Rs.7500/- to the complainant within 45 days from the date of receipt of the order. In the event of non-compliance of the Order, the Complainant is at liberty to recover the entire dues with interest at the rate of 12% p.a. till its actual date of realization and rights to take appropriate steps in accordance to the Consumer Protection Act, 2019.
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.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 22.05.2024.
