Hon’ble Mrs. Rumpa Mandal, Member.

In the nut shell of the complaint case is that the complainant Dulal Barman for his livehood intended to open  Paper plate machinery and this O.P. Shiv Shakti Machinery is the  supplier of paper  Palate raw materials. As per advertisement by the O.P. complainant contracted with this O.P. for 600 k.g of Raw materials of Paper Plate and the rate was fixed by the O.P. of Rs.34,800/-. As per demand of O.P. complainant paid of R.10,000/- as advance money for raw material of paper plate &  O.P. told that bill/ cash memo will be sent with Raw materials through transport. As per demand of the Complainant O.P sent his total A/C Particulars through whats app on 07.06.19. Copy of messages through whatsapp  is annexed as Annexure-A. As per demand of O.P. rest amount of Rs.24800/- will be sent through e-payment on 10.06.19 in the account of the O.P. ( Annexure-B is the copy of e-payment dt.10.06.19). But till today raw materials did not delivery by the O.P. Subsequently, Complainant called him through mobile phone before O.P. as well as asked the O.P. about delivery of raw materials and in this  respect O.P. sent wrong information in the whatsapp of the complainant.  Annexure-A is the copy of whatsapp messages on 29.07.19 O.P. told that the total amount would  be return back so O.P. demanded the account number where O.P would transfer the total amount accordingly. On30.0719 O.P responded but there after no payment was made by the O.P on 19.09.19 Complainant filed written complaint before the O.P through registered Post and demanded the total amount of Rs.34,800/- Annexure –D is the copy of written petition. On 23.10.19 Complainant sent  Lawyer notice through his Ld Advocate S.K.Saha and on 02.11.19 O.P. received Advocate notice but intentionally & illegally till today O.P. did not  disburse the total received amount. Annexure- E,F1 is the copy of Advocate notice. O.P also sent bill through whatsapp. Annexure -C is the copy of bill dt. 07.06.19. Complainant mentioned in his Complainant petition that the aforesaid activities of the O.P tantamount to deficiency in service  as well as mal practice. Due to these illegal activities  of the O.P. Complainant suffers financial loss & also suffers mental pain & agony . The cause of action in the present case arose on 15.06.19 when  O.P informed the complaint wrong information in whatsapp  message and on 10.06.19 Complainant paid to the O.P amounting to Rs.24,800/- and on 17.07.19 & on 19.09.19 complaint sent    written complainant through Lawyer notice and is still containing. The Complainant therefore prayed for an order directing the O.P to pay Rs. 34,800/-to the Complainant with update interest and further order  of Rs. 50,000/- for deficiency in service as well as mental  pain & agony & Rs.10,000/- as cost of litigation.

As per order No.20 dt.27.12.22 the notice was sent to the O.P. at his registered addressee but it could not be served on the ground that the Addressee is absent. So accordingly, U/see.114 of Evidence Act and section 27 of general clauses Act, an inference is drawn that the notice shall be construed as served. Accordingly, the case is decided to be heard ex-parte against the O.P.

The complainant in order to establish the claim adduced evidence by fling evidence on affidavit & documents before this Commission. 

Perused the pleadings of the complainant &the documents in the case record. Heard the argument advanced by Ld. Advocate for the Complainant.

The statement made in the evidence on affidavit are absolutely  are absolutely in consonance with the averments  made in the complaint petition.

The O.P. did not controvert the specific allegation  of the complainant  since the O.P. decided not to contest the case and did not file any written version.

The Annexure –A is the copy whatsapp messages in which O.P. sent his account particulars through whatsapp on 07.06.19.

Annexure-B is the copy of the e-payment  it shows that  where complainant paid to the O.P. Shiv Shakti Machivery amounting to Rs.24,800/- as per consumer ID No.P1906101205097991356276. Annexure-A1 is the  copy of whatsapp messages O.P. sent wrong information in the whatsapp of the complainant  regarding raw materials.

The aforesaid   document could not be controverted by this O.P. and its averment stands unchallenged. But after close scrutiny of the difference documents it transpires    that the complainant made payment for Rs.24,800/- to the O.P. & the letter by the complainant  to the O.P. also discloses that he paid Rs.10,000/- as advanced by hand  in cash on 07.06.19. Thus from the letter  it is clear that the complainant paid Rs.34,800/- to the O.P. there is no defence evidence to discard the said evidence of the complainant .

Thus, having assessed the entire evidence of the complainant it is evident   that  the complainant case stands well established, since the O.P. did not contest the case.

In the result complaint case No. CC/34/2020 succeeds exparte against the O.P.

Hence, it is

Ordered

             That the complaint case No. CC/34/2020 be and the same is allowed exparte with cost of Rs.6,000/-.

The Complainant do get an award of direction that O.P. is directed to pay a sum of Rs.34,800/-O.P. is directed to pay and Rs.30,000/- for deficiency in service as well as mental pain and agony and further directed to pay litigation cost of Rs.6,000/- to the Complainant.

The O.P. is directed to pay Rs.70,800/- to the Complainant  within 30 days from the date of passing the Final order failing which the Complainant shall be entitled  to get interest @ 6% per annum.

The complaint case is accordingly disposed of exparte.

D.A to note in the trial Register.

Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.

The copy of the Final Order is also available in the official Website www.confonet.nic.in.