N.C. PANIGRAHI vs SRI SAROJ CHHETRAY

THE complainant in this case has prayed for refund of the money paid by him for purchase of a cordless telephone to the opposite party together with compensation for mental agony and loss of prestige etc. THE opposite party did not appear inspite of notice and has been set ex-parte.

THE complainant has alleged that on 24.11.94 he visited the stall of the opposite party in the Baliyatra fair and placed order for purchase of a cordless telephone, model - P. 800 with base dialing facility for a total price of Rs. 3,800/- and paid an advance of Rs. 100/- at the same place. THE telephone was agreed to be supplied within 31.12.94 but the same was not done and the opposite party took the plea that he has not received the stock and as soon as the stock was received the telephone will be supplied. THE opposite party demanded payment of the balance amount as there was no uncertainty about supply of the cordless telephone and the complainant believing the same paid Rs. 2,000/- on 19.1.95, Rs. 700/ on 23.2.95 and Rs. 750/- on 17.3.95, in evidence of which payments the opposite party has granted receipts, xerox copies of which have been filed alongwith the complaint/petition. According to the complainant he has p aid a total sum of Rs. 3,550/- including the advance of Rs. 100/- paid at the time of placing order. THE cordless telephone was not supplied by the opposite party inspite of repeated requests. THE complainant has, therefore, filed this case before this Commission praying for order to refund of the amount he has paid together with interest as well as claiming compensation for the mental agony and loss of prestige etc. Since the opposite party has not appeared nor filed any show cause, we accept the plea of the complainant that he had placed order for supply of a cordless telephone and that he had paid Rs. 3,550/- to the opposite party in support of which xerox copies of receipts obtained from the opposite party have been filed. It appears that the complainant has been tempted by the opposite party but he has not said anything nor has offered to prove any special loss occasioned on account of non-supply of the cordless telephone. In the circumstances, the only remedy to which the complainant is entitled is a direction for refund of the money paid by him to the opposite party together with interest. We, therefore, dispose of the case directing the opposite party to refund Rs. 3,550/- together with simple interest @ 12% per annum from the date of payment made by the complainant till the date of actual payment made by the opposite party as per this order. There will be no order as to cost. Case disposed of.