DIST. CONSUMER DISPUTES REDRESAL FORUM NORTH 24 Pgs., BARASAT. C. C. CASE NO. 408/2013 Date of Filing Date of Admission Date of Disposal: 31.07.2013 07.08.2013 05.02.2014
PETITIONER Vs. O.Ps. Swapna Mitter Cormocon Consultants, 43A, Pratapaditya Road, Through its proprietor Kolkata 700026 Mr. N. K. Das A 112, H.B.Town, Sodpur, P.S. Sodpur, 24 Pgs(N), Also having his residence at 31, Simlanagar, Agarpara, P.S. Khardah, Kolkata – 700109.
P R E S E N T :- Shri Nirendra Kumar Sarker......... President :- Sm Chandrima Chakraborty …........Member J U D G E M E N T Claiming himself as a consumer, under the C. P. Act, 1986, the complainant has sought for interference of this Forum in respect of fact complained of.
In diminutive, the case in the complaint, is that, the complainant is an Advocate, and being in need of renovating her residential property, approached the O.P. who undertook to do the necessary renovation / repair work of the double storied brick built building of the complainant, Written & Typed by me. Contd..…. 2/ C. C. Case No. 408/2013 :: 2 ::
for a consideration of Rs. 5,00,000/ only, which was to be completed within 60 days from the date 3rd March, 2013. The complainant had already paid a sum of Rs. 4,00,000/- only to the O.P. by cheque and also by cash. The O.P. ought to have demolished the essential phase / parts of the said building and to repair the same one after another, so that the inmates should not be injured or face critical conditions, but the O.P. due to ill motive, due to lack of knowledge, and also intentionally demolished / dismantled the entire phase, at a time, which caused serious mental injury to the complainant. The O.P. anyhow repaired the terrace, but never completed the entire works of the said building, though the stipulated time expired.
Ultimately the complainant issued a legal notice on 14.06.2013 to the O.P. which was duly received by the O.P. but of no response. Thereafter the complainant finding no other alternative, appointed a Surveyor for surveying the said building, who submitted his report regarding the finished repairing / renovation works in the said building in question and the costing thereof.
Though the present O.P. failed to keep their commitment to repair / renovate the said building, in spite of payment of maximum portion of the consideration amount, for which the complainant alleged deficiency in rendering service towards her. This negligent act of the O.P. caused severe mental agony and harassment to the complainant and her family members for which she asked for compensation. Hence, this case is filed for seeking dequate redressal.
Despite service of the notice, the O.P never appeared before the Forum to contest the case, by filing any Written Version through any Ld. Lawyer and so, the instant case has been heard ex-parte against the O.P. Written & Typed by me. Contd..…. 3/ C. C. Case No. 408/2013 :: 3 :: Point for Consideration The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons In order to prove his allegation set forth in the complaint, the complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main dispute between the complainant and the O.P. is that in spite of making the payment of maximum portion of the consideration amount, the opposite party never finished the repair / renovation works of the said disputed building, though the O.P. demolished / dismantled the entire building at a time, including the roof of the said building, which not at all required for repairing, after due commitment made by him. We have carefully considered the submission made before us by the Ld. Lawyer for the complainant and also critically perused all the material documents on record.
On overall evaluation of the argument advanced by the Ld. Lawyer of the complainant, and on critical appreciation of the case record, it is evident that, the complainant already paid a sum of Rs. 4,00,000/ only to the O.P. out of which Rs. 3,25,000/ only was paid by cheque, which was shown from the Bank statement and the rest was paid by the cash, which was found from the legal notice issued by the complainant and not denied by the O.P. concerned. Written & Typed by me. Contd..…. 4/ C. C. Case No. 408/2013 :: 4 :: It is further found from the record that, the Surveyor, appointed by the complainant herself, submitted his report from which it is noticed that, the total work ultimately done / finished by the O.P. amounting to Rs. 1,73,343/ only out of the paid sum of Rs. 4,00,000/ only. But as per the commitment of the O.P. he was / is duty bound to finish the entire construction work, which he never completed. So, in this situation, the O.P. is deficient and negligent in rendering the service towards the complainant and liable to pay the compensation. Moreover, the record reveals that, being frustrated by the act of the O.P. concern, the complainant sent a legal notice on 14.06.2013, to the O.P. stating the entire facts and also requested him to refund the balance sum of Rs. 2,51,370/only, which was duly received by the said O.P. but he never bothered to give any reply to that, which proves that, the O.P. silently admitted the entire allegation made by the complainant. Therefore, in light of the above analysis, and on believing the entire unchallenged testimony of the complainant, we are of the opinion that the complainant has successfully proved her case and is entitled to get the reliefs from the O.P. and consequently the points for determination are decided in affirmative.
In short, the complainant deserves success.
In the result, we proceed to pass O R D E R That the case be and the same is allowed exparte against the O.P. with cost of Rs. 10,000/ only. Written & Typed by me. Contd..…. 5/
C. C. Case No. 408/2013 :: 5 ::
That the O.P. is directed to pay a sum of Rs. 2,51,370/ only to the complainant, within one month from the date of this order. That the O.P. is directed to pay an amount of Rs. 20,000/only to the complainant, as compensation for mental agony and harassment, within one month from the date of this order.
In the event of non compliance of any portion of the executable order by any of the O.P. within a period of one month from the date this order, the said O.P. shall have to pay a sum of Rs. 300/ per day from the date of this order till its realization, as punitive damages, which shall be deposited by the O.P. in the State Consumer Welfare Fund. Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Written & Typed by me.
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