JUDGEMENT.

DATED :13-02-2015.

It is a complaint case for deficiency of service and unfair trade practice.

The case of the Complainant, in short, is this that the O.P. is the Proprietor of Brick Manufacturing unit for producing VIP branded bricks at Narrah and also owner of another unit situated at Santore.  The Complainant decided to purchase bricks from the O.P. for constructing a college with clay like a dream home with the help of bricks.  Previously, this Complainant had the occasion of purchasing VIP branded bricks from the O.P. and the stock of such bricks are still lying with the Complainant’s possession.  The Complainant paid a sum of Rs.94,500/- to the O.P. in cash on 01-01-2013 which the O.P. acknowledged by issuing a receipt and signed in presence of other witnesses whereby the O.P. agreed and promised to supply 18,000 bricks (No.2) @ Rs.5,250 only per thousand and it was further agreed that within 13^th Magh the O.P. will deliver said bricks at the residence of the Complainant.  After payment of said amount the Complainant met with the O.P. on several occasion and requested to supply said bricks as per the agreement but he killed time taking various pleas.  Even after expiry of more than one-year the Complainant was waiting for the O.P. but in the first week of March the O.P. denied to supply said bricks or to return back the advance money of Rs.94,500/-.  For that reason the Complainant has filed this case praying for direction upon the O.P. to refund said amount of Rs.94,500/- with interest and compensation to the extent of Rs.1,00,000/- for his physical trouble and mental agony and cost for litigation.

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                 Consumer  Complaint No.51 of  2014.

After service of summon and even through currier service the O.P. has not appeared in this case and accordingly the case was heard exparte.

Now the question is as to whether the Complainant is entitled to get relief as prayed for.

                                                          Decision with reasons.

The Ld. Lawyer for the Complainant has not submitted any written notes of argument but has made same submissions as stated in the complaint.

After going through the petition of complaint and the agreement / receipt dated 01-01-2013 signed by the O.P. admitting the fact of receiving Rs.94,500/- from the Complainant for supplying 18,000 bricks within 30^th Magh and in absence of any contrary evidences or documents we find that the Complainant has been able to prove his case and is entitled to get relief as prayed for and the case should be allowed with cost.

In the circumstances the above point is answered in favour of the Complainant.

In the result complaint succeeds.

Hence, it is

                                                                         Ordered

That the Complaint Case no.51 of 2014 is allowed exparte against the O.P. with Cost of Rs.5,000/-.

That the Complainant is entitled to get back Rs.94,500/- and Rs.10,000/- as Compensation for his physical and mental harassment and financial loss from the O.P.

That the O.P. Gopal Ghosh is directed to pay Rs.1,09,500/- (Rs.94,500/- as Advance Money + Rs.10,000/- as Compensation + Rs.5,000/- as Cost of litigation) to the Complainant within two (2) months from the date of this Judgement failing which an interest @ 9 % p.a. will be accrued on the said amount from the date of this Judgement till realization.

Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

                        (L. N. CHATTOPADHYAY)                                                                  (Y. HALDER)

                                  Ld. Member                                                                            Ld. President

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