Before the President District Consumer Disputes Redressal Commission, Kandhamal, Phulbani.
C.C. No. 02 / 2019
Present: Miss Sudhiralaxmi Pattnaik - President.
Sri Purnachandra Tripathy - Member.
G. Anil Kumar Patra, aged about 40 years
S/O: G. Kutesh Patra Village:Main Road,
POPhulbani PS: Town Phulbani
Dist: kandhamal ………………. Complainant.
1. The District Manager,
AGRO Industries Corporation,
At: Main Road, PO- Phulbani
PS: Town Phulbani, Dist – Khandamal
2. The Director,
AGRO Industries Corporation Ltd.,
95- Satya Nagar, Bhubaneswar-7,
Dist- Khorda
………………. Opposite Parties.
For the Complainant: Sri Manoj Kumar Sahoo, Advocate & Associates,
For the Opp. Parties: Ex-Parte
Date of order: 20th January 2021
The case of the complainant that he is dealing with different type of agricultural machineries and equipments and running his business in the name and style as “Vikash Corporation” in Phulbani Town and earn his livelihood by way of self-employment. The OPs are the Govt. undertaking establishment who procuring the agricultural machineries and equipments from different suppliers and supplied the same to the farmers (beneficiaries) under subsidy scheme. The complainant has supplied the Pump sets to the beneficiaries through the OP No. 1. The complainant supplied the pump sets as per the order of OP No. 1 which amounting of Rs. 14,92,234/- on different dates and received an amount of Rs. 3,93,958/- against the supply till the date 30/12/2016. That, as per the account ledger of OP No.1 it is found that the outstanding amount of Rs. 10, 98,276/- is still pending upon the OPs for payment to the complainant. For getting the outstanding amount the complainant made several correspondences and also the complainant on dated 14/05/2018 sent a pleader notice to the OPs which were properly served upon the OPs but the OPs remained silent. For the aforementioned cause the present complaint is filed, alleging the deficiency in service on the part of the O.P.s, further the complainant prayed to issue direction to the O.Ps to make payment of Rs.10, 98,276/- along with 9% interest from the date of supply to the date of payment apart from that it is further prayed to direct the OPs to pay Rs.15, 000/- towards compensation for mental agony and harassment and Rs. 10,000/- for litigation cost.
Accordingly the Notice were issued to the OPs for appearance and filing of version in their support. From the record it is well established that the notices has been served to the O.P. Inspite of that both the OPs did not appeared nor did they file any version. Hence the OPs declared set ex-parte on 03/12/2020. The Complainant filed the evidence in shape of Affidavit. After careful examination of the available materials on record and the documents filed by the Complainant, We are of the considered view that the complainant had supplied the Pump sets at the amount of Rs. Rs. 14,92,234/- and received Rs. 3,93,958/- from the OPs. From the averments facts it is well established that there is a gross negligence and deficiency in service towards the complainant. Hence order.
O R D E R
The complaint case is allowed against the O.Ps and they are jointly and severally liable for the deficiency of service towards the complainant, hence they are directed to pay the outstanding amount of Rs.10, 98,276/- along with 6% interest from the date of supply to the date of payment apart from that it is further directed the OPs to pay Rs. 5,000/- towards compensation for mental agony and harassment and Rs. 2,000/- for litigation cost within 30 days from the date of receipt of this order. In the event of non-compliance of this order the awarded amount shall carry 10% interest per annum till the payment. Accordingly the C.C. is disposed off.
Free copy of this order be supplied to the parties.
Order pronounced in the open Court today i.e. 20th January 2021
Member President
