BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.

C.C. No. 16 OF 2020

Present:       Miss Sudhiralaxmi Pattnaik            -        President (I/c).

Sri Purna Chandra Tripathy          -        Member.

Sri Sukanta Sahani, age about 36 years

S/o: Krupasindhu Sahani, Vill/PO-Ghodapathara,

Adasipada PS: Khajuripada Dist: Kandhamal.              …………Complainant.

-Versus-

1.       Sri Surendra patrta,

S/O-Satrughana Patra

Vill-Salkata, PO-Harabhanga

PS- Purunakatak Dist: Boudh.

2.       Smt, Rita Behera,

W/O- Subarna Behera

Vill: Sainipada PO- Kumbharapada

PS- Model Town PS- Phulbani

Dist: Kandhamal .                                                          ……….Opposite Parties.

For the Complainant:  Advocate Sri Manoj Kumar Sahoo & associates, Phulbani.

For the Opp. Parties:  Advocate Sri Kishore Chandra Senapati and Associates.

Date of Order: 18^th March 2021.

The case of the Complainant in brief is that on dated 21/12/2019 the Complainant paid an amount of Rs. 22,000 in cash to the O.P No.1 as an advance for manufacturing of bricks to that effect a written agreement was executed in between the parties. As per the condition the OP No.- 1 agreed to start the manufacturing the brick from 22/12/2019 till complete the manufacturing. Even after the OP No.1 neither manufactured the brick nor he supply to the complainant. In between due to luck down the complainant did not make any correspondence to the OP No- 1. In the month of October 2020 the complainant approached the OP No- 1 as well as the OP No- 2 for brick or else claimed for refund of the money paid, but the Ops remained silent which prove the violation of agreement. Result of which the complaint filed with a prayer for issue direction to the OPs to refund Rs. 22,000/- along with interest @ 12% P.A from the date of agreement to till the date of payment , further prayed to grant compensation of Rs. 10,000/- and Rs. 2,000/- towards the litigation cost. Accordingly the case of the complainant admitted and issued  notice to the OPs. On received the notice the OPs appeared and version due to unexpected situation the manufacturing work could not be done apart from that the OP No- 1 filed an affidavit where he undertake to refund the above amount in five installment. Hence considering the above facts and circumstances, the case of the complainant is allowed against the OPs. Hence order.

O R D E R

          Therefore, the O.Ps. are jointly and severally liable to refund the advance money of Rs. 22,000/- in 3 (three) equal installments and to pay Rs. 1,000/- towards litigation cost to the complainant within 45 days from the day of order. Accordingly the CC disposed off.

Order pronounced in the open court today i.e. 18^th day of March 2021. Free copy be supplied to the respective parties.

                   Member                                                     President