SANJAYA BESAN & OIL MILL PRIVATE LIMITED Vs. NARENDRA KUMAR RAY CHOUDHURY

JUDGEMENT

(1.) THE order of the District Forum directing the appellant to refund to the respondent No. 1 Rs. 70,000/ - and to pay a further sum of Rs. 20,000/ - as compensation and Rs. 1,000/ - as costs, is the subject -matter of challenge in this appeal.

(2.) THE respondent No. 1 filed complaint against the appellant and respondent Nos. 2 and 3 alleging deficiency in service. His case is that to earn his livelihood by means of self -employment he started his carrier in business of dealing with edible oil in Puri Market. He got himself registered as a dealer under the Orissa Sales Tax Act. The respondent No. 2 as broker of M/s. Sanjaya Besan and Oil Mill (P) Limited (on whose behalf the present appeal has been filed through its Managing Director) entered into correspondence with the respondent No. 1 saying that they would supply lion brand mustard oil at the rate of Rs. 480/ - per tin. The respondent No. 1 accordingly placed purchase order on 28.12.1999 with the appellant for 540 tins of mustard oil and sent demand draft No. 205137 dated 28.12.1999 for Rs. 70,000/ -. He also sent way bill No. C -246126 through Punjab National Bank, C.T. Road, Puri. This fact was also intimated to the appellant through Fax. Although the demand draft was received on behalf of the appellant, he did not deliver the goods to him. On the contrary the appellant informed him that goods were wrongly delivered to one Pramod Kumar Mishra, Proprietor of Mishra Agency at Harachandi Sahi, Puri. For mis -delivery or wrong delivery to a wrong person the respondent No. 1 is not responsible. Therefore, the appellant ought to have refunded Rs. 70,000/ - to him which he did not do. Finding no other way he filed the complaint.

(3.) DESPITE valid service of notice by post and publication of the notice in the "Indian Express" under Order 5 Rule 20, C.P.C. the appellant did not appear before the District Forum.