IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/38/2019.

 Date of Filing:                    Date of Admission:             Date of Disposal:

   11.03.19                                    11.04.19                                    22.04.22

Complainant: Md. Sohidul Islam

                        S/o Md. Abdus Sattar

                        Vill-Hosenabad, PO-Bansgara

                        PS-Lalgola, Dist-Murshidabad

                        Pin-742148

-Vs-

Opposite Party:  Goutam Ghosh,

                        S/o Balai Chandra Ghosh

                        Vill- Roynagar, PO-Sripally

                        PS-Ichhlabad(P), Dist-Burdwan

                        Pin-713103

Agent/Advocate for the Complainant                        : A.N.Roy.

Agent/Advocate for the Opposite Party                     : None.

   Present:   Sri Ajay Kumar Das………………………….......President.     

        Sri. Subir Sinha Ray……………………………….Member.                        

                     Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

Smt.aloka Bandyopadhyay, member.

This is a complaint under section 12 of the CP Act, 1986.

             One Md. Sohidul Islam (here in after referred to as the Complainant) filed the case against Goutam Ghosh (here in after referred to as the OP) praying for compensation alleging deficiency in service.

    The material facts giving rise to file the complaint are that:-

            The Complainant in order to purchase a machine of making Aadhaar Card contacted with OP and made payment of Rs.2,01,000/- on 29.09.16 by hand with due receipt but after getting the amount the OP neither gave the machine nor assisted for making Aadhaar Card since that time the Complainant has been requesting the OP for the delivery of the said machine but till date OP has failed to provide the same.

            Finding no other alternative, the Complainant filed the instant case for appropriate relief.

            Notice was sent to the OP but the said notice returned unserved with the endorsement “Not Claimed” by the postal employee. Such being the position, notice was deemed to be served upon the OP and accordingly the instant case proceeded ex-parte.

            On the basis of the complaint the following points are framed for proper  adjudication of the case :

Points for decision

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has this Forum jurisdiction to entertain the complaint?

3. Has the OP any deficiency in service, as alleged?

4. Is the Complainant entitled to get any relief, as prayed for?

The point to be noted is that 19.04.22 was fixed for hearing argument but no step was taken by the Complainant. The record reveals that the case was filed on 18.03.19. As it is the long pending case, the case record is taken up for passing final order. At this very moment Ld. Advocate for the complainant appeared and advanced argument.

Point no.s 1, 2, 3&4

            All points are taken up together for the sake of convenience and brevity.

The Complainant in order to purchase a machine of making Aadhaar Card contacted with OP and made payment of Rs.2,01,000/- on 29.09.16 by hand with due receipt but after getting the amount the OP neither gave the machine nor assisted for making Aadhaar Card and since that time the Complainant has been requesting for the goods but till date OP had failed to provide the same.

            We have heard the Ld. Advocate for the Complainant. He has failed to produce any documents regarding the permission of purchase of Aadhaar Card Machine from the authority concern. So this agreement in between the complainant and the OP is not sustainable in eye of law.

             Though the Complainant has filed a receipt duly signed by the Authorized Signatory of Basanti Enterprise which shows that amount of Rs. 2,01,000/- was received from the Complainant but it does not mention anywhere that the said amount was received by the OP for the said purpose. If we consider for the sake of argument that the Complainant has paid Rs.2,01,000/- but for this illegal act this Commission cannot pass any order in this regard. The complainant has failed to prove his case.

Reasons for delay

The Case was filed on 11.03.19 and admitted on 11.04.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case fails.

     Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/38/2019 be and the same is dismissed ex-parte.   

        Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

    Dictated & corrected by me.

    Member

 Member                                                Member                                                President.