West Bengal

Siliguri

CC/2013/112

SRI SANDIP MAZUMDER, - Complainant(s)

Versus

A. A.K. CHAKRABORTY, - Opp.Party(s)

08 May 2015

ORDER

IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

 

CONSUMER CASE NO. : 112/S/2013.                DATED : 08.05.2015.   

             

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

 

 

                      MEMBER                : SRI PABITRA MAJUMDER.

 

COMPLAINANT                 : SRI SANDIP MAZUMDER,  

 S/O Dr. N. C. Mazumder,

 residing at “NAMITA APARTMENT”,

 Deshbandhupara, NTS More,

 P.O. & P.S.- Siliguri,

 Dist.- Darjeeling.

                                                              

O.Ps.                                     : A. K. CHAKRABORTY,   

  Govt., Civil Carrying Contractor & Suppliers,

  4, Bankim Chandra Road, Hakimpara,

  P.O. & P.S.- Siliguri,

  Dist.- Darjeeling.   

 

                                                                                                                                                                  

FOR THE COMPLAINANT         : Sri Sanjeev Kumar Singh, Advocate.

 

FOR THE OP                                   : Smt. Deboshree Paul Chowdhury, Advocate.

 

 

 

J U D G E M E N T

 

The case of the complainant succinctly summarized as follows :-

The complainant gave order to OP for preparation some wooden furniture.  The price of which stood at Rs.37,000/- and after deduction the price stood at Rs.34,000/-.  The complainant paid Rs.19,000/- in cash to OP.  The balance amount of rupees would be paid on 23.10.2008.  The OP received the final payment, but did not deliver the said furniture to the complainant.  The complainant requested the OP to deliver the furniture on 05.06.2013, but OP did not deliver the same.

 

Contd…..P/2

-:2:-

 

The complainant sent legal notice to OP.  But after receiving the notice, OP did not deliver the wooden furniture to the complainant.  Hence, this case has been filed before this Forum. 

The OP contested the case by filing written version denying inter-alia all the material allegations and stated that the OP supplied all the wooden furniture to the complainant.  The OP admits that lawyer’s notice was served upon him.  It is stated that there was nothing to do because the said furniture was already delivered to the complainant.  The complainant is not entitled to get any relief and the complaint should be dismissed. 

The complainant has filed some documents namely :-

1. Xerox copy of money receipt by OP.
2. Xerox copy of legal notice dated 17.06.2013, and
3. Xerox copy of A/D card.

The complainant has also filed original alleged receipt.

OP did not file any document. 

Complainant has also filed the evidence-in-chief.  

 

Point for consideration

 

1)       Whether the complainant is entitled to get any relief as per C. P. Act?

Decision with reason

 

The evidence-in-chief is oath vs oath. 

Regarding payment of money of Rs.19,000/- by the complainant to OP one paper has been filed which does not show that this complainant Sandip Mazumder paid any money to A. K. Chakraborty on 12.08.2008.  Legal notice was served on 17.06.2013 i.e., after about five years.  The case has been filed by the complainant on 08.08.2013.  The alleged date is shown in the complaint.  It is argued by the OP that the case is barred by limitation. 

Contd…..P/3

-:3:-

 

OP advanced argument that the case is absolutely barred by limitation.  There is no prayer for condonation of delay. 

The material on record fails to prove the complainant’s case.

Accordingly, we are of opinion that the case fails.

Hence, it is

                   O R D E R E D

that the Consumer Case No.112/S/2013 is dismissed on contest.

Let copies of this judgement be supplied to the parties free of cost.