Hon'ble Mr. Haradhan Mukhopadhyay, President.

The case record is taken up for passing Final Order. The factual battle between the Complainant and the OP as laid down in the complaint is summarised to the extent that the Complainant Suraj Saha uses to run his motor garage at Chakchaka Check post. The Complainant booked one 80 Ton Steel Body Plate 20 MM Hand Press Machine to the OP, the proprietor of Able Enterprises as detailed in the complaint with an advance of Rs. 10,000/- and Re-1 through Google pay. After being satisfied the OP issued order invoice No.139 dated 24.09.21. The total cost of Machine is Rs.1,65200/-. The Complainant himself  runs the garage, being the sole larning member of his family. The OP assured at the time of booking that the aforesaid Machine would be delivered within 7 days for which the Complainant transferred Rs.50,000/- on 29.09.21 and Rs.39,999/- on 07.10.21 through RTGS through his friend Pappu Dutta’s Account. The OP thus received a total sum of Rs.1 Lakh from the Complainant. After delivery of Rs.1 Lakh the Complainant met with the OP regarding the Machine and its delivery but the OP wanted some time for its delivery. Despite several visits the OP failed to deliver the said Machine for which the Complainant requested him to return the balance amount. The Complainant was ready to handover the balance of amount Rs.65,200/- but did not get the Machine in question. Due to non delivery of Machine the Complainant sustained financial loss which tantamounts to deficiency in service and he also suffered mental pain and agony for the same. The cause of action for the present case arose on 17.12.21, 20.12.21 and is still continuing.

The Complainant therefore prayed for an award to the extent of Rs. 1 Lakh from the OP alongwith interest + Rs.80,000/- for loss of earning, Rs.1 Lakh towards deficiency in service and mental pain and agony alongwith litigation cost of Rs.20,000/-.

The OP decided not to contest the case as it is evident from the case record that the Commission decided to proceed the case ex-parte against the OP.

The Complainant in order to substantiate the case adduced both documentary and evidence on affidavit.

After perusing the evidence on affidavit and the different annexures filed by the Complainant in the form of documentary evidence, it transpires that the Complainant purchased the said Machine on payment of  a sum of Rs.1,65,200/-. The Annexure- A being the cash voucher bearing No.139 dated 24.09.21 reveals that one Hand Press 80 Ton Steel Body Plate 20 MM Hand Press Machine as described in the complaint was sold for which the Complainant paid the price to the OP Able Enterprises alongwith Re.1 through Google pay. Annexure-B also reveals that the sum of Rs.50,000/- was withdrawn on 29.09.21 by OP Company through NEFT and on 07.10.21 Rs.39,999/- through NEFT.

Annexure-C also discloses that the notice was sent to the Able Enterprises through the Advocate Sri Bimal Ch. Sarkar on 17.12.21 alleging inter alia about payment of the said sum of Rs. 1 Lakh.

The OP preferred not to reply against the said notice.

Thus it can be reasonably found that the OP Company had nothing to reply against the notice of the Complainant and the allegation label led against him.

The entire evidence on affidavit as well as the documentary evidence suggest that the transaction between the parties were duly held but the OP did not deliver the said disputed Machine for which the Complainant sustained loss and mental pain and agony which should be considered as deficiency in service.

The case record also reveals that the copy of the complaint and notice were duly delivered as per the postal remark of the postal authority.

Since the OP had no defence to submit before the Commission so it can reasonably be held that the allegation of the complaint are proper and justified.

The entire oral and documentary evidence of the Complainant stands unchallenged and un-discarded, since the case has been heard ex-parte and the OP could not make out any defence case in their favour.

In the result the Commission comes to the findings that the Complainant successfully proved the case up to the hilt.

Consequently the complaint case succeeds ex-parte.

Hence, it is

Ordered

That the complaint case be and the same is allowed ex-parte with cost. The Complainant do get an award of Rs.1 Lakh to be refunded by the OP, Rs.80,000/- for loss of earning for non supply of the disputed Machine and Rs.1 Lakh towards deficiency in service and mental pain and agony alongwith litigation cost of Rs.20,000/-.

The OP is directed to pay a sum of Rs.3 Lakh as above to the Complainant within 30 days of passing the order failing which the entire sum of award shall carry an interest of 6% per annum from the date of passing the order till the date of realization.   

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.