Date of Disposal:        31.05.2022

Shri P. Surya Rao, President

The fact of the case in brief is that the Complainant has filed this Consumer Complaint under Sec. 11 of the Consumer Protection Act, 1986 alleging contributory negligence, deficiency in services and unfair trade practice by the Opposite Parties (in short OPs) and for Redressal of his grievance before this Commission.

The complainant being lady for her self-employment by setting up a manufacturing enterprise of Coir Rope and Mat applied by submitting a Project proposal before the opposite party no.2 for sanctioning of the loan. The proposal Form no.:0191502282/Dtd:10.06.2015. The said proposal has approved by the opposite party no.2 and the complainant gone through the ‘Entrepreneurship Development Programme’ under Coir Udyami Yojana and completed her training on 09.10.2015. The complainant submitted that the opposite party no.4 sanctioned loan after pre-sanction joint verification under CUY scheme on 20.10.2016. further the complainant stated that, the opposite party no.1 being registered entrepreneur of opposite party no.3 approached the complainant to supply the machineries of Coir Rope manufacturing machines with minimal cost with condition that, ‘the entire cost of the said machine should deposit in advance with them and the opposite party no.1 will hand over the machines within 45 days of receipt of the full cost of the machine’. The opposite party no.1 issued quotation on 19.11.2017/Reg/No.:AE028 accordingly. The opposite party no.1 has agreed to supply the two machines for Rs.3,42,000/- to the complainant. On confirmation of the above quotation, the complainant transferred the amount of Rs. 342000/- to the account of the opposite party no.1 vide Account no.:10750649310 through the opposite party no.4 on 15.12.2017. But on receipt of the amount, the opposite party no.1 failed to supply the machines to the complainant within 45 days from the date of the receipt of the amount as per condition. The complainant has termed it violation of the conditions. When the complainant did not receive the machine, claimed the opposite party no.1 to refund of the amounting of Rs.3,02,000/- (Rupees Three Lakhs Two Thousand) only by issuing of registered notice on 05.04.2018 vide Postal Receipt No.:RO864480553IN/DTD:05.04.2018. But the opposite party no.1 did not responded to the said notice. Hence the complainant filed this consumer complaint and prayed thereof.

Documentary evidence adduced by the Complainant:-

1. The photocopy of the Project Proposal and acknowledgement 0191502282/Dtd:10.06.2015 – Annexure A
2. The photocopy of the certificate dated:09.10.2015 – Annexure B.
3. The photocopy of the Joint Verification dtd:20.10.2016 – Annexure C.
4. The photocopy of the Quotation Dtd: 19.11.2017 – Annexure D.
5. The photocopy of the Bank Statement of OP no.4, Dated:24.05.2018 – Annexure E series.
6. The photocopy of the registered claim notice dtd:05.04.2018 – Annexure F.

Admitting the Consumer Complaint, this Commission has issued notices and the opposite parties duly acknowledged the notice in this case but did not choose to appear and file their written version in consonance with Consumer Protection Act, 1986 except opposite party no.2. Hence the Commission set exparte the opposite party no. 3 & 4 on 27.08.2018 and opposite party no.1 on 22.10.2018 on the strength of evidence submitted by the Complainant. After set exparte, the opposite party no.1 filed its written version which was not accepted as the commission has no power to review its own order under the Consumer Protection Act, 1986. And the averments of the Complainant are remains unchallenged by the Ops. The opposite party no.2 corroborated the fact of the complainant and prayed for exemption their office from this proceeding.

We have heard the learned Counsel for the Complainant and have gone through the documents on record.

By taking the sole testimony of the complainant and an affidavit as well into the consideration, we accepted the contentions of the complainant as true and correct.

Keeping in view of the above facts and the provisions of law of the land, the Commission allowed partly the case of the above named Complainant on contest against the OPs.

Hence, the Opposite Party no.1 is directed:-

1. To refund the loan amount of Rs.3,02,000/- (Rupees Three Lakh Two Thousand) only at par of bank interest imposed by the opposite party no.4 since the date of sanction of loan till its actual realisation to the complainant.

And the opposite party no 4 is directed to:-

2. To refund the all amount received from the complainant as loan repayment.

And the opposite party no.1 and 4 are directed:-

3. To pay Rs.10,000/- (Rupees Ten Thousand) to the complainant towards compensation.
4. To pay Rs.5,000/- (Rupees Five Thousand) as litigation expenses.

This order shall be complied with by the Opposite Party within one month from the date of receipt of this order, failing which, it shall be liable to pay the entire amount from (i) to (iii) along with interest @ 12% p.a. from the date of the order of this case till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 1986 for realisation of all dues.

Certified copy of this order be communicated to the parties free of cost.

A copy of this order be also sent to the Secretary, State Consumer Disputes Redressal Commission, Odisha, Cuttack for information and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. After compliance the case record be consigned to record room.

This order is pronounced on 31^st May 2022 in open Commission.

Sd/-            PRESIDENT

Sd/-

I agree             MEMBER

Sd/-

I agree             MEMBER (W)

Evidence on affidavit of the Complainant is filed as PW-1.

A written argument of the complainant is filed.

Evidence affidavit of the opposite party: NIL.

No Written Version and Written Argument filed by the Opposite Party.

List of Exhibits:-

On behalf of the Complainant:          

Ext. 1 – Project Proposal along with Acknowledgement of DIC No.:0191502282.

Ext. 2 – Certificate Dtd:09.10.2015

Ext. 3 – Joint Verification Dtd:20.10.2016

Ext. 4 – Quotation Dtd:19.11.2017

Ext. 5 – Bank Statement Dtd:24.05.2018

Ext. 6 – Registered Claim Notice Dtd:05.04.2018

On behalf of the Opposite Party No.1, 3 & 4:

NIL.

On behalf of the Opposite Party No.2:

Ext. 7 – Acknowledgement of DIC, Ganjam, Odisha Dtd:10.06.2015