SMT. BANDANA ROY, PRESIDENT

Gist of the complaint case is that the OPs entered into an agreement with the complainant’s Sushila Enterprises for selling the product of the OP Company. The agreement was valid from 24.10.2016 to 23.10.2017. According to the said agreement the complainant invested a sum of Rs. 1,25,000/- on 30.12.2016 through chqeue of Axis Bank A/C No. 912010030964625 standing in the name of Sasadhar Bera. She also invested another amount of Rs. 1,00,000/- with the OP company  through chqeue from UCO Bank Tamluk Branch being A/C No. 20760110000915. She also invested another amount of Rs. 1,00000/-through chqeue of Axis Bank from A/C No. 912010030964625.  Against this investment the Ops sent some items ie 50 pieces of goods to the complainant valued at Rs. 1,92,978/- only.  Thereafter the said OPs did not supply any item nor they returned the balance amount of investment to the complainant till date in spite of correspondence made by the complainant.

Hence, the complainant has been constrained to file this complaint against the OPs with a prayer for a direction to refund Rs. 2,90,000/- to the complainant and other reliefs.

Summons were duly issued against the OPs but none of them appeared to contest the case. So the case is heard ex parte the OPs and taken up for passing judgment.

            Point to be considered in this case is whether the case is maintainable and (2) whether Complainant is entitled to the relief(s) sought for by the complainant.

Decision with reasons

            Both the points are taken up together for consideration for the sake of convenience.

            We have carefully perused the affidavit of the complainant and several documents filed by the complainant to substantiate her claim. Heard the ld advocate for the complainant. Considered.

            It is the allegation of the complainant that on the basis of an agreement with the OPs she paid Rs 3,25,000/- to the Ops by three cheques on different dates for supply of products of the OP Co, but the Ops sent only items worth Rs. 1,92,978/- and stopped supply of items but did not refund the balance amount.

            The complainant has filed copy of the agreement between the parties, the copy of Distributor Agreement cum Application form, copy of sale invoice showing delivery of items worth Rs. 1,92,978/- and copy of the cheques by which the complainant paid money to the OPs for supply of the items as per agreement.

            On perusal of the said documents it appears that the complainant has successfully proved her case of deficiency of service on the part of the OPs under the provision of Consumer Protection Act 1986.

            None appears to counter the claim of the complainant nor to question the validity of the documents filed by the complainant.

            In view of the above we are of the view that the complainant is entitled to get the reliefs as prayed for.

            Both the points are answered accordingly in favour of the complainant.

            Hence, it is

O R D E R E D

That CC/ 153 of 2018 be and the same is allowed ex parte against both the OPs.

The OPs are jointly and severally directed to pay the complainant an amount of Rs. 2,90,000/- with interest @ 10% per annum on the said amount from the date of filing the complaint till full realization, compensation of Rs. 5000/- along  litigation cost of Rs. 3,000/- within one month from the date of this order.

The complainant will be at liberty to put the decree into execution in case the Ops fail to comply the order as above.  

Let copy of the judgment be supplied to all the parties free of cost.