Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.05.2016
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund the amount of Rs. 16,000/- along with interest @ 12%.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has filed this case on Performa stating therein that he rented his house to opposite party (Dinesh Mistri). Therefore, for rapairing his door and window, the complainant has paid Rs. 16,000/- to opposite part (vide annexure – 1) but he (opposite party) has not given his service.
On behalf of opposite party a vakalatnama has been filed but no written statement has been filed on behalf of opposite party.
Heard the learned counsel for complainant. From reord it appear that this case was admitted on 31.03.2015. The opposite party has filed Vakalatnama but he did not appear and as such the case was heard exparte and posted for order.
It is needless to say that the complainant has asserted the aforementioned case on affidavit and there is no counter version on the record hence we are bound to accept the assertion asserted by the complainant which clearly discloses deficiency on the part of opposite party.
Hence we direct the opposite party to return Rs. 16,000/- to the complainant which he has taken vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 9% on the aforesaid amount of Rs. 16,000/- (Rs. Sixteen Thousand only ) till its final payment.
Opposite party is further directed to pay Rs. 2,000/- (Rs. Two Thousand only ) to the complainant by way of compensation and litigation within the period of two months.
Accordingly this complaint stands allowed to extent indicated above.
Member President
