DATE OF DISPOSAL: 24.04.2024.

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT

            The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties  (in short O.Ps.) for redressal of his grievance before this Commission.

            2. The advocate for the complainant is present and filed hazira. The case is put up today for final argument. The Commission heard and perused the record. The OP. appeared through its advocates on 02.08.2023 but did not choose to file its written version, evidence on affidavit and written argument within stipulated time period as contemplated under Consumer Protection Act, 2019 for which the Commission precluded the Opposite Party on 11.01.2024. But the O.P. did not take any curative steps to set-aside the precluded order in this case.

            3. The fact of the complaint is that the complainant intended to purchase a Agarabati making machine for manufacturing the Agarabati in his own home for making of his livelihood.  Accordingly the complainant approached the O.P. and paid advance amount of Rs.2000/- on 15.03.2021 vide bill No. 589 and thereafter the rests amount for manual agarabati machine of Rs.25,460/-on 23.03.2021 vide bill number 565 where the O.P. agreed to provide premixed powder, chinastog and raw-materials within 5 days of the deposit of the machine cost. But till filing of the case the O.P. did not supply the machine to the complainant. The very action of the O.P. the complainant lost his livelihood along with sustained financial loss of Rs.27,460/-. To redress this matter the complainant also engaged a professional lawyer by paying litigation cost and lawyers fees and issued legal notice.  

            4. In view of the sole testimony of the complainant and on the above context, the O.P. violated contract and breach of trust. The purpose for which the complainant placed the order to purchase the machine is also defeated.

            5. Resultantly, the commission allows the complaint of the complainant against the O.P. The Opposite Party is directed to refund Rs.27,460/- (machine cost and other material costs) together with compensation of Rs.50,000/- and  litigation costs of Rs.7000/- to the complainant within 45 days from receipt of this order. In the event of non-compliance of the above order by the opposite party, the entire dues shall carry interest @ 12% per annum from the date of filing of the case i.e. 02.03.2023 till the date of complete realization of amount and the complainant is at liberty to recover the said entire dues with above interest in accordance to the Consumer Protection Act, 2019.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 24.04.2024