ORDER

Sri A.K.Patra,President

1. The captioned Consumer Complaint is filed by the complainant named above inter alia alleging negligence & unfair trade practice on the part of Opposite Parties for not issuing of  proper bill towards purchasing of paddy seed.
2. The complainant seeks for an order directing  the department to take action against the Ops as per law and, to direct the OP 1 to produce the sale register, invoice register of the concerned date of alleged sale & to provide original bill to the complainant and, to direct the OP 2 to product the verification report of  that day/week and, to , direct the Ops to restrained themselves from such unfair trade practice and further be please to grant punitive damages against the Ops so to restrain them from such deficient service & unfair trade practice and, to award compensation of Rs.1,00,000/- towards mental agony & harassment along with litigation cost of Rs.1,00,000/- and, further prayed for all other relief(s) as the Hon’ble Commission may deemed fit & proper
3.  The factual matrix leading to the case of the complainant as emerged from the case record is that,  the complainant has purchased paddy seed named “PAN 804 JAMUNA” of 25 bags  of each weighing 6 kg from the Opp.Party No.1 paying consideration price @ Rs.600/- per packet:- total amount paid was Rs.15,000/-. On being asked, the OP 1 issued hand written chit and denied to issue genuine bill as prescribed towards purchasing of said paddy seed and remain silent on several approaches which clearly proved negligence & unfair trade practices of the OP 1.  After not getting the bill from OP 1, the complainant   lodged a complaint in writing before to OP 2 authority on the same date on 24.06.2024 but the complainant did not get any satisfactory answer.  Due to negligence and unfair trade practice of the   Op1  by not giving the original bill the complainant and negligence on the part authorities/ Ops2,3& 4 the complainant  suffered harassment & mental agony. Hence, this complaint. 
4. To substantiate his claim, the complainant has filed the self attested true copy of the following documents: (i)  written complaint dt.24/06/2024 made to the OP2/Seed Inspector, Junagarh,(ii) Acknowledgement of received of  payment of Rs. 15,000/- paid to the OP1/HARI OM TRADER through digital mode vide Transaction ID T14062408565674370442224.(iii) Copy of hand written acknowledgement issued by op1 towards  payment of  Rs,15,000/- on  purchasing  of 25  PC of paddy seeds .(iv) Adhar Card of the complainant.(v) The averment of the complaint petition is supported by an affidavit of the complainant.  
5. Being notice, the OP 1 appeared in person and filed his written version denying the complaint allegations.The OP 1 submits that, the contents of Para 2 of the complaint petition are admitted. So also admitted the contents of Para 3 to the extent that, the staff of the OP 1 has given a handwritten bill to the complainant instead of computer generated bill at the time of purchase and that, due to rush of farmers in the shop, the staff of OP 1 could not generate the computerized bill at the same time but he had handed over the handwritten bill and conveyed to the complainant that, it would be replaced with the computerized bill to which the complainant agreed.  Later on, the Op 1 went to the house of the complainant and approached him to receive the original bill but the complainant denied to take it for no reason and filed this complaint only to harass the Ops and no loss was sustained by the complainant. Hence, prayed to dismiss this complaint.
6. The 2 & 3 appeared through Sri.Ratikanta Mohanty, the A.A.O-cum-Seed Inspector, Junagarh, and filed their joint written version denying the complaint allegation. However, they have admitted the facts that, the OP2 has received a written complainant from the Complainant on dt. 24.06.2024 against the OP 1 containing the facts that, the OP 1 has not issued   bill on purchasing of paddy seed worth Rs.15,000/-. On receiving of said complain, the OP 2 visited the OP1 along with Block Agriculture Officer, Junagarh  and inquired the matter on the same day and asked the op1 for reason to deny / not issue of the proper bill towards sell of paddy seeds to the complainant. The authorised/OP 1 admitted the facts that, the bill was not immediately given to the complainant due to rush of buyers at the same time of purchase but  he has gone personally to the house of the purchaser/complainant at Junagarh with  bill/Cash Memo but the complainant has denied to received the bill towards said purchased seeds  . The OP 2 further submits that, he has verified the concerned variety of paddy in the godown  of the op1/ seed dealer and found that, there was no stock of the same variety  on the same day i.e. on dt.24.06.2024 .Notice to show cause is   issued  to the OP 1 for non issuance of cash memo/bill etc. vide Camp Order No.01/dt.24.06.2024 upon which the seed dealer /OP1  submitted his reply on dt.28/06/2024  that, he will not do such mistake further in future. The OP2 has warned the OP1/Seeds Dealer not to repeat such negligence & unfair trade practice mistake in future and that, there is no deficient service on the part of the answering Ops.  
7. To substantiate the averments of their written version the OP2&3 has filed the self attested true copy of the following documents:- (i) Copy of written complaint dt.24/06/2024 received from the complainant vide Annexure-I,(ii). copy of Bill/Tax Invoice for an amount of Rs.15,000/-vide Serial No.124 dt.24.06.2024 issued by  the O.P 1 /Hariom Traders in the name of  complainant Prasanta Panda towards sell of 25 nos. of “Pan Jamuna” Paddy seeds vide Annexure-II,(iii). Copy of show cause notice vide CAMP Order NO.1 dt.24.06.2024 issued to the O.P 1 vide Annexure-III, (iv). Copy of show cause reply of O.P 1 dt.28.06.2024 vide Annexure-IV , copy of verification report of O.P 2 vide Annexure -V there annexed with written version .
8. The Op 4 did not chose to contest this complain and not preferred to file their written.
9. After perusal of the complaint petition, written version and all the documents relied on by both the parties placed on the record, the points for consideration before this Commission are that:- (i).whether the complainant is consumer of the OPs? (ii.)Whether the OPs have indulged in unfair trade practice & neglected to issue proper bill to the complainant towards purchase of paddy seeds causing any injuries to the complainant? (iii) Whether the complainant is entitled for the relief claimed?
10. Heard. Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.

Findings

11. It is not disputed that, the complainant has purchased “PAN 804 JAMUNA” paddy seed of 25 bags of each weighing 6 kgs from the Opp.Party No.1 paying consideration price @ Rs.600/- per packet:- total amount paid was Rs.15,000/.-So also received of said amount by the seller/op1 and issue of a money receipt vide annexure -3 of the complaint petition is  not disputed. The Op 3 is the licensing authority of the OP1 and, Op2 is the seed inspector acts under the authority of the State of Odisha/Op4 to inspect the retail shop /Op1 for ensuring proper function of the retail marketing of seeds & to ensure consumers right id not disputed. Hence, this Commission may safely hold that, the complainant is a consumers of the Ops.  
12. Here in this case, the dispute relates to not issuing of proper bill by Op 1/seller towards purchase of goods/paddy seeds there by committed unfair trade practice resulting injuries to the complainant .
13. Unfair Trade Practice is defined u/s 2 (47)  of C.P.Act 2019 as follows :- “Unfair Trade Practice” means a trader  practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service including any of the flowing practices,namely:-(i)xxxxx,(ii).xxxxxx(iii)xxxxx,(iv)xxxxx,(v)xxxxxx, (vi)xxxxxxxx, (vii). “Not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed.”
14. It shall be proper to refer the Consumer Protection (General) Rule 2020 which read as follows:-Rule 5. Manner of issuing invoice or bill or cash memo or receipt for goods sold or services rendered.– (1) Every invoice, bill, cash memo or receipt for goods sold or services rendered, issued by a seller shall have the following minimum particulars, namely:-

(a) The name and address of the seller;

(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing letters or numerals or special characters (hyphen or dash, and slash, symbolised as  “-” and “/” respectively) and any combination thereof, unique for a financial year;

(c) the date of its issue;

(d) the name of the consumer;

(e) the description of goods or services;

(f) the quantity, in case of goods; 

(g) the shipping address, where applicable;

(h) the taxable value and discounts;

(i) the rate of tax;

(j) the signature of the seller or his authorised representative;

(k) the customer care number or e-mail ID, where available, and

(l) the total price in single figure, along with the breakup price showing all the compulsory and voluntary charges, such as delivery charges, postage and handling charges, conveyance charges and the applicable tax: Provided that where such invoice, bill, cash memo or receipt is issued by a seller in electronic form, the signature of the seller is not required.

(2) The serial number on the invoice, bill, cash memo or receipt to be issued by a seller shall not be altered, removed, replaced, or erased under any circumstances.

15. The copy of Bill/Tax Invoice for an amount of Rs.15,000/-vide Serial No.124 dt.24.06.2024 said to have issued to the complainant Prasanta Panda by the  O.P 1 /Hariom Traders towards sell of 25 PC of “Pan Jamuna” Paddy  seeds vide Annexure-II of the written version of the OP 2 & 3 is disputed by the Complainant saying that, it is self serving forged documents prepared to flee from the liability . Nothing proved that, said bill is genuine one. Original bill is not produced by the Op1.During hearing of the case, the complainant denied the contentions of the Op 1 that, the Op 1 has ever went to the house of the complainant and approached him to take the proper bill towards purchasing of said paddy seed. Nothing material placed on record to believe the contentions of the Op 1 that, he has ever been to the complainant with proper bill & that, the complainant has denied receiving the same. 
16. The issue of hand written bill vide annexure 3 of the complaint is not denied by the Op1.  No original bill or duplicate copy of said bill/carbon copy of the case book, if any retain with the Op1, is placed on record for perusal. The Op 1 has admitted the facts that, the staff of the OP 1 has given a handwritten bill to the complainant instead of computer generated bill at the time of purchase. On perusal of the said undisputed bill/money receipt  placed on the record vide annexure 3 of the complaint petition, it is found that, bill as per manner prescribed U/S 5 of the consumer protection (General) Rule  2020 is not issued by the OP1/Seller to the complainant towards purchase of Paddy Seeds which squarely  attribute unfair trade practice as defined u/s 2(47) (vii) of C.P.Act 2019 for which the complainant suffered  harassment & mentally agony  cannot be denied.
17. It is seen that, the Op 3 and  2 being the licensing & inspecting authorities respectively has promptly acted upon the grievance   dt.24.06.2024 received from the complainant and have warned the Op1 /licensed retail seed seller  not to repeat the similar act in future .As such this commission found nothing negligence or deficient service there on the part of the Op 2 & 3 ,the agency of the state authority/Op4..
18. Based on above the facts & circumstances, this commission is of the opinion that, the OP1 has committed negligence &  unfair trade practice by not   issuing proper bill / cash memo / receipt for the goods/paddy seeds  sold to the complainant there by caused harassment & mental agony liable to compensate the complainant. All the issues:- (i) to (iii) answered positive in favor of the complainant.
19. Suffering of harassment & mental agony cannot be assessed  in any manner .However, we are of the opinion that, award monetary compensation of Rs. 10,000/ along with litigation cost of minimum Rs.5,000/- may heal the injury of the complainant to some extent. So also it shall be proper to pass an order directing the Op No.1 not to repeat such negligence & to restrain himself from such unfair trade practice. Hence it is ordered.

ORDER

This consumer complaint is allowed in part against the Op1(one) and dismissed against the other Ops  on contest with the following direction:-

(i).   The Op1(one) is  hereby directed to  provide original bill to the complainant towards purchase of paddy seed named “PAN 804 JAMUNA” of 25 bags  of each weighing 6 kg @ Rs.600/- per packet:- total amount paid was Rs.15,000/-.

(ii). The Op 1 is further directed to pay compensation of Rs.10,000/- with litigation cost of Rs.5,000/-to the complainant and,  to issue proper bill to every  purchase and shall not repeat similar act of unfair trade practice.

(ii). The Op 2 & 3 are hereby directed to ensure fair retail sale of seeds in  their licensed retail shop and to conduct regular supervision so to ensure   protection of  consumer’s rights of every purchaser .  

(iv). It is further directed to comply the aforesaid order within four weeks from the date of receipt of a copy of this order falling which penal  provision as prescribed U/S 72 of C.P.Act2019 shall be attracted against the defaulting party ..

Dictated & corrected by me.

      Sd/-

 President 

                                      I agree.

                                                                          Sd/-

                                                                                     Member

Pronounced in open forum today on this 20^th November2024 under the seal and signature of this Commission .The pending application if any is also stands disposed off accordingly.

      Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.