West Bengal

South 24 Parganas

CC/149/2015

Mrinal Mitra. S/O Late G.K. Mitra. - Complainant(s)

Versus

1. Mr. Tapan Das, S/O - not known. - Opp.Party(s)

30 Jun 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

         C.C. CASE NO. _149_ OF ___201_

DATE OF FILING : 27.3.2015                                                          DATE OF PASSING JUDGEMENT: _30.6.2015___

Present                                :   President       :  

                                                    Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya                                                   

COMPLAINANT                                 : Mrinal Mitra, s/o late G.K. Mitra of Flat no.G-2,(Ground Floor), Chinmoyee Villa, 9/76A, Netaji Nagar, P.S. Netaji Nagar, Kolkata – 92.

- VERSUS  -

O.P/O.Ps                                      :  1.   Mr. Tapan Das, s/o-not known, 8/8, Netaji Nagar, P.S. Netaji Nagar, Kol-92.

                                                         2.     Dipak Das, Manufacturer of Rolling Shutter, Collapsible gate etc. 8/8, Negaji Nagar, P.S. Neaji Nagar, Kolkata – 92.

                                                         3.     Sri Ashok Dey @ Krishno ,s/o not known, 8/8, Netaji Nagar, P.S. Netaji Nagar, Kolkata – 92.

_____________________________________________________________________________________

                                                                                J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

                The complainant with intent to purchase collapsible gate and for some repairing job visited the workshop/office of the O.Ps in February, 2013. He paid a sum of Rs.2000/- as advance on 14.2.2013. Further a sum of Rs.8000/- was paid on 29.3.2013 against total bill amount of Rs.19,350/-. On 17.4.2013 he cancelled one of the items ordered for as it was not delivered within time. O.P-1 issued a bill/receipt to the complainant. Thereafter the complainant chased for supply of other items ordered for. The O.ps promised to deliver the items by April 2013 positively but they did not. Inspite of repeated representations and persuasions the O.ps did not deliver the items ordered for. The complainant asked for immediate delivery of the goods or for refund the money with interest. Lastly on 17.12.2014 the complainant issued a letter with the request for delivery of the goods or to refund money . The letter was received by the O.Ps on 20.12.2012 but it yielded no result, making complaint of deficiency of service and adopting unfair trade practice by the O.Ps. The present complaint was filed by the complainant with prayers for such relief or reliefs as prayed for.

                Despite service of summon upon the O.Ps, none of them appeared before this Forum with their written version and hence the case proceeded exparte against them.

 

Decision with reasons

                The complaint petition filed by the complainant is supported by an affidavit. The contents of this complaint petition remained unchallenged . We do not find any reason to disbelieve the allegations made by the complainant in his petition of complaint.

                We have heard the complainant, gone through the petition of complaint and examined the documentary evidence filed. We see that a challan without any number and date was issued by the O.P-2 in favour of the complainant. This challan shows description of goods as ;

                Collapsible gate                                                                                Rs.9450.00

                Other items                                                                                        Rs.4500/-

                The challan also shows advance payment of Rs.2000/- , and Rs.8000/- on 14.2. and 29.3. The complainant enclosed other documents which include letters to the Officer-in-Charge , Netaji Nagar P.S. and Councilor Ward no.98 ,in which the contents of the complaint petition have been partly reiterated.

                Although, the complainant included the names of O.P-1 and O.P-3 in his petition of complaint , no specific allegation has been made against them , nor any relief has been claimed against them. We hold that there was a deficiency in service on the part of the O.P-2 only who upon receipt of advance from the complainant failed to give delivery of the goods ordered for.

                Therefore, it is

                                                                                Ordered

That the petition of complaint is allowed exparte against O.P nos. 2 and dismissed against the O.P nos. 1 and 3.

The O.P-2 is directed to refund the amount of Rs.10,000/- collected from the complainant as an advance within 30 days from the date of this order by account payee cheque in favour of the complainant.

O.P-2 is further directed to pay a compensation of Rs.3000/- for the prolong harassment and mental agony suffered by the complainant , by issuing an account payee cheque in favour of the complainant within the same period.

In the circumstances of the case, we do not award any other cost.

Let a copy of this order be served upon the parties free of cost.

Member                                                                              Member                                                             

Dictated and corrected by me

                                Member

                                                     

 

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

               

Ordered

That the petition of complaint is allowed exparte against O.P nos. 2 and dismissed against the O.P nos. 1 and 3.

The O.P-2 is directed to refund the amount of Rs.10,000/- collected from the complainant as an advance within 30 days from the date of this order by account payee cheque in favour of the complainant.

O.P-2 is further directed to pay a compensation of Rs.3000/- for the prolong harassment and mental agony suffered by the complainant , by issuing an account payee cheque in favour of the complainant within the same period.

In the circumstances of the case, we do not award any other cost.

Let a copy of this order be served upon the parties free of cost.

Member                                                                              Member