West Bengal

Bankura

CC/51/2024

Shantanu Kundu - Complainant(s)

Versus

VS Nature Care Products Private Limited - Opp.Party(s)

Sandip Chakraborty

30 Oct 2024

ORDER

    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.51/2024

          Date of Filing:  27/06/2024

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

 

For the Complainant:Ld. Advocate Sandip Chakraborty

For the O.P.1: None

For the O.P.2: Ld. Advocate Ajoy Chattopadhyay

For the O.P.3: Ld. Advocate Atanu Dey

 

 Complainant:

Shantanu Kundu S/O.- Biswanath Kundu Resident of - Shyambazar, Word No.- 10, Sonamukhi, P.O. & P.S.- Sonamukhi, Dist.- Bankura, PIN - 722207. Mobile - 7001720228   

Opposite Party:

1.VS Nature Care Products Private Limited. Represented by - Managing Director Sri Vijay Kumar, Present address - E-19 Panki side-3, Ispat Nagar, Kanpur Nagar, Uttar Pradesh - 208020. Contact No.- 8881102023. E-mail- vanaturecareproducts@gmail.com.

2.Pintu Halder S/O.- Madhusudhan Halder, Area Sales Manager, West Bengal, VS Nature Care Products Private Limited.

3.Mahadev Paramanik S/O.- Mohan Chandra Paramanik, Consignment Sales Agent, Territory of West Bengal, VS Nature Care Products Private Limited. R/O - Sonamukhi Chowdhuri Para,

                                                                                                                                          

FINAL ORDER / JUDGEMENT         

                                                                                                                                                  

Order No.05

Dated:30-10-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder.

The Complainant’s case is that he being the Owner of TSJ Maa Bhawani Enterprises and also authorized agent of O.P./Co. (vide Consignment Sales Agent Agreement dated: 28/08/2023) booked an order for supply of products (Sanitary Napkins) for Rs.8,66,473.63 (including GST) (vide Invoice No.23-24/16, dt.05/11/2023) raised by O.P./Co. on advance payment of Rs. 8 Lakh on different dates. But the Complainant did not receive the products in due time. It is the O.P./Co. and O.P. No.3, another

                                                                                                                                                                                      Contd…..p/2

Page: 2

Authorized Agent of O.P. / Co. in the same area who cheated the Complainant by diverting the product somewhere for which the Complainant lodged a Criminal case against all the O.P.s u/s 406/420 IPC before Ld. ACJM, Bishnupur. The Complainant has therefore approached this Commission for appropriate relief.

O.P. NO.2 being the Area Sales Manager of O.P. No.1/Co. submitted a written version supporting the complaint case admitting therein the payment of Rs.8 Lakh to O.P. No.1 and non-receipt of consigned products because of the fact that O.P. No.3 being another authorized agent misappropriated the consigned products in transit.

O.P. No.3 also submitted a written version denying all the allegations made in the complaint as well as in the written version of O.P. No.2 contending inter alia that he has also been cheated by O.P. No.1 & 2 in the similar manner for which he has also initiated criminal action against them being Sonamukhi P.S. Case No.3/24 u/s 406/420. Thus the Complainant is not entitled to get any relief from this O.P.

O.P NO.1/Co. has not however turned up to contest the case by submitting any separate written version.

-:Decision with reasons: -

Having regard to the facts of the case, submission contention and the documents on both sides the Commission finds that there are sufficient materials on record in support of the advance payment of Rs.8 Lakh to O.P. No.1/Co. against consignment of products at the instance of O.P./Co. Facts emerge from the exchange of email correspondence between the Complainant and all the O.P.s that the product was consigned by Truck No.UP-62AT/4975 but anyhow the product did not reach the Complainant. The reason behind non-delivery of product as per the version of the Complainant and O.P. No.2 is that O.P. No.1/Co. in collusion with O.P. No.3 misappropriated the product in transit but the version of O.P. No.3 is totally different which contradicts the statement of both the Complainant and O.P. No.2.

As stated above criminal case No. being Sonamukhi P.S. Case No. 2/24, dt.01/01/2024 u/s 406/420 IPC at the instance of the Complainant and similar case No. being Sonamukhi P.S. Case No.3/24, dt.01/01/2024 u/s 406/420 IPC at the instance of O.P. No.3 over the same set of allegation are pending against O.P. No.1/Co and O.P. NO.2.

                                                                                                                                                                                        Contd…..p/3                                                                                                                                       

Page: 3

Criminal Court will however decide the criminal liability of the perpetrators of the crime. Consumer Commission being a quasi Civil authority has power and jurisdiction   to fix the civil liability of the parties who are alleged to be guilty of deficiency in service and unfair trade practice.

The Complainant is no doubt a Consumer under the Consumer Protection Act, 2019 and O.P. NO.1/Co. and O.P. No.2 are the product Seller and Service Provider. O.P. NO.3 is not a Product Seller/Service Provider in this case but he is alleged to be associated in the disputed transaction as per version of Complainant and O.P. No.2.

The Commission will not go into the allegation made against O.P. No.1/Co., O.P. No.2 and O.P. NO.3 as to whether O.P. NO.3 in collusion with O.P. No.1 & 2 has misappropriated the consigned product as it is a criminal aspect beyond the jurisdiction of this Commission which is to be decided by the concerned criminal court.

So far the Civil liability of O.P. No.1/Consignor is concerned the Commission palpably finds that Complainant/Consignee has not received the product though advance payment of Rs.8 Lakh has been made to O.P. NO.1/Co. The Commission does not find any counter allegation that the product has at all not been consigned or the same has been lost in transit. O.P. NO.2 being the Area Sales Manager of O.P. NO.1/Co. is also jointly and severally liable with O.P. NO.1/Co. to compensate the loss and damage due to non-delivery of the product.

It is a clear case of deficiency in service and unfair trade practice on the part of O.P. NO.1/Co. and O.P. No.2/Area Sales Manager for non-delivery of the consigned product to the Complainant even after receipt of Rs.8 Lakh for the same.

O.P. No.1 and O.P. No.2 are jointly and severally liable not only for the refund of Rs.8 Lakh to the Complainant but also to compensate the loss and damage of the Complainant to the tune of Rs.30,000/- with Litigation cost of Rs.20,000/-.

The case therefore succeeds accordingly.

                                                                                                                                                                                 Cont…….p/4

Page: 4

Hence it is ordered…….

That the case be and the same is allowed on contest against O.P. NO.2 and O.P. No.3 and Ex-Parte against O.P. No.1 all without cost.

O.P. NO.1 and O .P. NO.2 are jointly and severally directed to pay to the Complainant Rs.8,50,000/- in all within a month from this date in default law will take its own course.

It is however made clear that the order passed by this Commission hereinabove is without prejudice to the right and contention of the parties and jurisdiction of the Criminal Court with regard to the above mentioned pending Criminal cases.

Both parties be supplied copy of this Order free of cost.

 

    __________________                                    ________________                        

 HON’BLE   PRESIDENT                            HON’BLE    MEMBER