DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. 594_ OF ___2014_

DATE OF FILING : 9.12.2014                     DATE OF PASSING JUDGEMENT:  18/07/2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :   Subrata Sarker

COMPLAINANT                  :   Mrityunjay Halder, son of late Adhir Chandra Halder of Village-Mallikpur (Paschim), Post-Mandir Bazar, P.S Mandir Bazar, District-South 24-Parganas.

• VERSUS       -

O.P/O.Ps                                :  1. M/s Sea Shall Health Care Service Ltd. Prop. Maloy Chakraborty, 11, A.P Chandra Road (Near Bhanga Gara Club), New Barrackpore, Kolkata – 131. P.S Ghola, Dist. North 24-Parganas.

                                              2.     Ruhit Chandra Das, agent/Mediator of M/s Sea Shall Health Care Service Ltd. son of Ananda Mohan Das of Village-Mallikpur , Post-Mandir Bazar, P.S Mandir Bazar, District-South 24-Parganas.Pin-743394.

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                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground that complainant wanted to install a deep tube well in his premises for his personal and public requirement and for this purpose complainant deposited Rs.30,000/- in three installments through agent/mediator Mr. Das, O.P-2 and the said agent assured the complainant that for installation of the tube well required more than lacs of rupees which will be paid by theO.P-1. It has also stated that complainant himself made soil testing, water testing, panchayet no objection certificate at his own cost ,which costs near about Rs.10,000/-. But inspite of that O.Ps did not take any initiative to install deep tube well for which complainant rushed to the house of the O.P-2 and enquired about the installation and the O.P-2 assured the complainant to return back the entire money of Rs.30,000/- immediately since the deep tube well was not installed inadvertently and one account payee cheque was issued by the O.P-1 Maloy Chakraborty  in the name of theO.P-2 on 1.5.2012 and the said cheque was bounced due to insufficient fund. Xerox copy of the said cheque dated 1.5.2012 is annexed herewith. It has claimed that O.P-2 is the negotiator and he has direct connection with the O.P-1. Thereafter, again O.P-1 instructed to re-deposit the said cheque to the local SBI branch, Mandir Bazar and as per instruction complainant re-deposited the said cheque to the said Branch and the same again returned back being out dated on 18.11.2014. Thereafter, complainant enquired about the non-payment of Rs.30,000/-  more than ones and negotiation was made through him. But no such fruitful result comes out. Hence, this case with a prayer for refund of Rs.30,000/- , compensation of Rs.50,000/-, litigation cost Rs.20,000/-.

The O.Ps are not contesting the case. Hence, the case is running in exparte.

                                                  Decision with reasons

It is true that complainant failed to submit any money receipt issued by the O.Ps for installation of tube well.  But fact remains that one cheque in the name of O.P-2 and another one in the name of  the complainant , both are not encashed due to insufficient fund and another is  out-dated.  Thus it is clear that O.P-2 accepted Rs.30,000/-  being a negotiator  and paid to theO.P-1 for the purpose of installation of tube well. But ultimately tube well was not installed ,that is why, both the O.Ps jointly and/or severally vicariously liable for the deficiency of service.

Hence, it is

                                                            Ordered

That the complaint case is allowed in exparte with cost of Rs.5000/- which will be paid by the O.Ps jointly and/or severally.

Both the O.Ps are directed jointly and/or severally to refund Rs.30,000/- to the complainant along with interest @7% p.a from the date of filing of this  case till its realization ,failing which, complainant is entitled to get compensation to the tune of Rs.5000/- from both the O.Ps jointly and/or severally and that payment has to be made within 30 days form the date of this order.

Complainant is at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

                                                                   Member                                                    President

Dictated and corrected by me

                                President

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

Ordered

That the complaint case is allowed in exparte with cost of Rs.5000/- which will be paid by the O.Ps jointly and/or severally.

Both the O.Ps are directed jointly and/or severally to refund Rs.30,000/- to the complainant along with interest @7% p.a from the date of filing of this  case till its realization ,failing which, complainant is entitled to get compensation to the tune of Rs.5000/- from both the O.Ps jointly and/or severally and that payment has to be made within 30 days form the date of this order.

Complainant is at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

                                                                   Member                                                    President