PIRAMAL ENTERPRISES LIMITED Vs. SUKHDEV MUSTAFI

JUDGEMENT

(1.) The Petitioner has filed the present Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 being aggrieved by the order dated 13.121.2013, passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'), whereby the State Commission was pleased to uphold the order dated 30.08.2012 passed by the District Consumer Disputes Redressal Forum (in short, 'District Forum').

(2.) The Complainant/Respondent -1 Mr. Sukhdev Mustafi, a self-employed, started a dealership for his own livelihood with name of "Medico Distributor" .He is a dealer of several renowned pharmaceuticals including Nicholas Piramal India Ltd., the OP-1. The OP-2 is the clearing and forwarding agent of OP-1, within the territory of the West Bengal and OP-3 is the Customer Service Manager who is engaged to deal with the customer i.e. the Distributors, within the territory of West Bengal. On 23.08.2005, complainant sent a Demand Draft for a sum of Rs.1,90,263/- in favor of the OP-1, for the purpose of supply of stock of medicine. It was sent through the Customer Service Manager (OP-3). Due to some business problems, on very next day, i.e. on 24.8.2005, the complainant issued a letter to the OP-3, and requested to stop the consignment. Thereafter, around 13.3.2007 the complainant requested the Manager of OP-2 to supply the statement of account for the accounting year 2005 to 2006 and 2006 to 2007. There was no response, complainant served registered notices on OP-1 on 22.03.2007 and 05.05.2007 to provide him the account statement and also to refund the amount of Rs.1,90,263/-. Thereafter, the OP-1 through OP-3, started threatening the complainant, with dire consequences, over telephone. Hence, alleging deficiency in service for not supplying the statement of account and intentionally avoiding the refund of amount of Rs.1,90,263/-, the complainant filed complaint before the District Forum.

(3.) The District Forum allowed the complaint, and holding the OPs liable, jointly and severally, except OP-4, and directed them to pay Rs.1,90,263/- along with interest @ 9% p.a. till the payment of its realization, Rs.15,000/- towards mental agony and litigation cost of Rs.5,000.