MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 12/2020 was filed by the Complainant who suffered by the deficiency in service on part of Op for non-supply of rice paddy cutting Machine on rent by a contract for which the Complainant paid Rs. 50,000/- as advance and lost his crops without harvest caused irreparable loss in Agriculture.
Brief facts:-
The Complainant being a farmer by profession due to his ill health advanced Rs. 50,000/- to Op. Party for supply of Rice harvesting Machine, as per contract paid Rs. 50,000/- from his A/C No. 5928101004976 on dt. 29/11/2019 by net banking for supply of same machine to Sudhansu Sekhar Panda (Kunapanda) transaction Id 1973451656(MB-IMPS DEBIT-06700450) A/C No. 20400211156 transferred by net banking but the Op did not provide the same whereby caused loss to a tune of Rs. 2 Lakhs with mental agony suffered.
Heard the Complainant in person. Perused the materials available on record. The transaction paper as exhibited by the Complainant non supply of machine by OP.Party deficiency in service after received the consideration amount from the Complainant through net banking. The Complainant no doubt is a consumer under Sec-2(7)(ii) and the Op is liable for deficiency under Sec-2(ii) for non-performance of duties as agreed. The Op Party is liable for default on his service under S-2(42) of C.P.Act,2019. Notice was served to Op on dt. 17/02/2020 but the same was refused by Op.Party, the Postal tracking remark address not received after looking the stamp & sign of DCDRC. We have looked into the returned notice, where it was remarked by Postal authority that addressee not received so returned to sender. The Op failed to file written version intentionally after knowing that notice from DCDRC Kendrapara. The Op not participated and also avoided the notice which was sufficient as per law. The Op set ex-parte. We are deciding the case in hand without sending notice 2nd time. If notice will be sent 2nd time, the same may not be received by the Op.party. Therefore no fruitful result will come by sending 2nd time notice. The Op is liable to pay the Rs. 50,000/- which was received by him in his account also with @9% interest for a well founded payment with appropriate documentary evidence.
O R D E R
From the above facts & circumstances, the Op is hereby directed to pay Rs. 50,000/- with @9% interest to the Complainant from dt. 29.11.2019 till its realization and Rs. 5,000/- for mental agony and harassment sustained by the Complainant and Rs. 2000/-for cost of this litigation. All the above amount shall be paid to the Complainant by the Op within a period of one month from the date of receipt of this order, failing which @12% interest shall be payable to the Complainant. The C.C.Case is allowed, ex-parte without contest.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 14th day of November,2022.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
