The brief facts of the case in a nutshell are that the complainant placed an order  on 06.07.2021 with the opposite parties for supply of 60 pieces of Aluminium Plain sheets consisting of 40 (forty) pieces of Aluminium Plain sheet of Hindalco Grade-I (20 Gauge Weight-7.475 Kg) @Rs.283 per Kg. and 20 (twenty pieces of Aluminium Plain Sheet of Hindalco Grade-I (22 Gauge Weight-5.850 Kg) @ Rs.283 per kg. for the purpose of interior work of his residential unit at ‘The 42’, 42B, Chowringhee Road, Kolkata. Accordingly on 09.07.2021 the complainant paid an advance of Rs.80,000/- (Rupees Eighty Thousand) only as per the proforma invoice dated 06.07.2021. Subsequently, on 03.08.2021 the complainant paid the remaining balance amount of Rs.58,919.04/- (Rupees Fifty Eight Thousand Nine Hundred Nineteen and Zero Four Paise) only to the opposite parties through the bank account of his company. On 08.08.2021 the opposite parties only delivered 20 pieces of Aluminium Plain Sheet of Hindalco Grade-I (20 Gauge Weight-7.475 Kg) @ Rs.283 per kg. and 10 pieces of Aluminium Plain Sheet  of Hindalco Grade-I (22 Gauge Weight-5.850 Kg) @ Rs.283 per kg. Thereafter, the complainant contacted the opposite parties via email and repeated phone calls requesting to complete the delivery of remaining goods at his residential address. For want of the said goods the entire interior work of residential unit was at a halt due to which the complainant incurred financial loss. On repeated requests the opposite parties again delivered only 5 pieces of Hindalco Grade-I (20 Gauge Weight-7.475 Kg) @ Rs.283 per kg. on 24.09.2021. Subsequently on 27.09.2021 the opposite parties finally accepted their deficiency in service and vide their Whats App message dated 27.09.2021 and were ready to refund the remaining amount for the undelivered goods but did not repay the balance amount to the complainant till date. The complainant made a complaint on 18.11.2021 with the Officer-in-Charge Bow Bazar Police Station. On 16.12.2021 the opposite parties contacted the complainant through Whats App message and claimed labour charges, delivery charges, etc. though there were no such terms and conditions between the parties. The opposite parties sent an undated memorandum of bill to the complainant claiming about 1,50,000/- (Rupees One Lakh Fifty Thousand) only under various heads as labour and delivery charges for goods worth Rs.1,38,919.04/- (Rupees One Lakh Thirty Eight Thousand Nine Hundred Nineteen and Zero Four Paise) only. Thereafter, the complainant served a legal notice dated 03.03.2022 through his advocate upon the opposite parties for refund of the remaining amount as well as payment of compensation for deficiency of service and/or unfair trade practice. The opposite parties on 11.03.2022 replied to the aforesaid notice with false fabricated claims which were never a part of agreement nor was it mentioned in any of the invoice or challans. Hence this case.

It transpires from the record that in spite of service of notice the opposite parties did not appear in the case.

On 03.08.2022 the Commission received a letter dated 01.08.2022 through postal department. The said letter dated 01.08.2022 addressed to the President Consumer Redressal Commission, Kolkata, Unit –I (North) which bears initial signature of a person. The name of the signatory is not mentioned in the letter. No document of identification of the opposite parties also annexed with the letter. So, the same was not accepted by the Commission vide order no.4 dated 19.09.2022.

Thereafter, several dates were fixed but none of the opposite parties turned up to contest the case and ultimately the case is proceeded ex-parte against all the opposite parties.

The complainant submitted his affidavit in chief and original documents. The proforma invoice (Ext.-1) reveals that the complainant placed an order of the Aluminium Plain sheet of Hindalco Grade-I (20 Gauge Weight-7.475 Kg)- 40 pieces and Aluminium Plain Sheet of Hindalco Grade-1 (22 Gauge weight-5.850 Kg)- 20 pieces for total amount was 1,38,919.04/- (Rupees One Lakh Thirty Eight Thousand Nine Hundred Nineteen and Zero Four Paise) only out of which advanced payment was made of Rs.80,000/- (Rupees Eighty Thousand) only and the balance amount was 58,919.04/- (Rupees Fifty Eight Thousand Nine Hundred Nineteen and Zero Four Paise) only. The banks statement of the complainant (Ext.-2) reveals the confirmation of advance payment of Rs.80,000/- (Rupees Eighty Thousand) only to the opposite parties on 09.07.2021. The bank statement of the complainant Ext.-2(a) reveals that on 03.08.2021 a sum of Rs.58.919/- (Rupees Fifty Eight Thousand Nine Hundred Nineteen) only was paid in favour of the opposite parties. The Challans of the opposite parties (Ext.-3) & Ext.-3(a) reveal that total 35 pieces of Aluminium Sheet of 22 Gauge and 20 Gauge had been delivered to the complainant. The complaint letter dated 18.11.2021 of the complainant addressed to the Officer-in-Charge Bow Bazar Police Station is marked (Ext.-4). The subsequent bill raised by the opposite parties is marked (Ext.-5).

On careful scrutiny of Ext. 1, Ext. 3 and Ext. 3(a) the invoice challan we do not find any mention of delivery charges or labour charges etc. but subsequently such charges were raised (Ext. 5) by the opposite parties. The complainant by his un rebutted and unchallenged testimony has proved that after lodging of the complaint on 18.11.2021 with Bow Bazar Police Station by the complainant, the opposite parties raised this false bills (Ext. 5) in order to avoid the legitimate claim of the complainant. The opposite parties are liable for deficiency of service and also they are engaged in unfair trade practice.

The evidence of the complainant remained un-rebutted and un-challenged in this case. The opposite parties had deliberately not appeared in the case.

In our view the complainant has been able to proof his case by his un-challenged and un-rebutted testimony to the effect that he placed the orders of Alluminium Plain Sheets of Hindalco with the opposite parties and paid the entire amount mentioned in the proforma invoice (Ext.-1) and the opposite parties have not delivered the entire goods as per order placed with them at the residential unit of the complainant. As the opposite parties after receiving of consideration amount mentioned in (Ext.-1), not supplied the entire goods there is certainly deficiency in service for which the opposite parties are accountable. By raising subsequent bill for some other charges which are not mentioned in the proforma invoice (Ext.-1) and challans [Ext.-3 & 3(a)] after lodging of complaint by the complainant with the Police clearly suggests that the opposite parties adopted unfair method or deceptive practice tantamount to unfair trade practice.

In view of the above discussion we are of the opinion that the complainant has been able to proof his case and is entitled to get relief as prayed for.

Therefore, the case succeeds.

Hence, it is

O R D E R E D

that the complaint case be and the same is allowed ex-parte against both the opposite parties.

The opposite parties are directed to refund a sum of Rs.58,919/- (Rupees Fifty Eight Thousand Nine Hundred Nineteen) only to the complainant along with simple interest at the rate of 9% per annum from the date of payment till realization.

 That the opposite parties shall pay a sum of Rs.30,000/- (Rupees Thirty Thousand) only as compensation for damages, harassment and mental agony and Rs.10,000/- (Rupees Ten Thousand) only as cost of legal expenses within two months from the date hereof i.d. to pay simple interest @ 9% per annum till the date of payment.