In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 182 / 2011.
1) Hemanta Bhattacharjee & Sipra Bhattacharjee,
31, Dr. Meghnad Saha Road, Kolkata-700074. ---------- Complainant
---Versus---
1) Country Vacations,
A Division of Country Club (I) Limited,
B/2, 1st Floor, Gajraj Chambers,
Park Circus Connector, Topsia Road, Kolkata-700046. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 10 Dated 13/02/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Hemanta Bhattacharyee against the o.p. Country Vacation. The case of the complainant in short is that complainant received a phone call on 27.5.09 and it was told that by some lottery they have been allotted a plot of land around Kolkata and as per direction of o.p. over phone complainant made advance payment of Rs.10,000/- on 31.5.09 and after that o.p. sent a contact form to the complainant but after some days when the o.p. did not response the complainant enquired that there was no such plan to allot plots and the assurance was baseless and complainant demanded the advance payment of Rs.10,000/- made by him to o.p. and the matter was brought to the notice of the Board of Governors Country Club and thereafter complainant served advocate’s letter by regd. post which o.p. received and despite the same o.p. did not pay back the money worth Rs.10,000/- paid by complainant to o.p. Hence the instant case.
O.p. has not contested the case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the pleadings of the parties and evidence and documents in particular and we find that o.p. has not come forward to challenge and/or demolish the evidence of complainant and as such the evidence of the complainant remains unchallenged testimony and accordingly we are of the view that the complainant has proved his case being a consumer and there is sufficient deficiency on the part of the o.p. being a service provider and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed ex parte against the o.p. with cost. O.p. is directed to pay Rs.10,000/- (Rupees ten thousand) only together with interest @ 9% p.a. from 31.5.09 till the date of realization . O.p. is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order i.d. an interest @ 9% p.a. shall accrue over the total sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
