: J U D G M E N T :
This is the case under Section 12 of the Consumer Protection Act. The facts of the case to put in a nutshell, are as below:-
This case was filed on 16.12.13 by the complainant. The claim of the complainant, Mahasin Biswas is that he paid Rs. 26,000/- for 11000 pieces of bricks as an advance to the OP. The petitioner on 06.01.11 also paid Rs. 1,39,000/- to the OP on 27.05.11 for the development of the brick field but the OP did not return the said amount within a period of one year as agreed. The OP never delivered any brick. The petitioner is a bonafide consumer. The complainant prays for Rs. 26,000/- + Rs. 139,000/- along with the interest and compensation of Rs. 50,000/- + Rs. 10,000/- as litigation cost.
OP files written version on 12.06.2014 challenging the contentions of the complainant. The OP has highlighted that it was contract of loan and hence, the complainant is not entitled to get any relief.
POINTS FOR DECISION
- Point No. 1: Is the complainant a consumer?
- Point No. 2: Is there any negligence & deficiency in service on the part of the
OP?
- Point No. 3: What relief the complainant is entitled to get?
REASOND DECISIONS
For the purpose of brevity and convenience all the points are taken up together for discussion.
We have perused all documents along with complaint, written version, argument etc. It is fact that the complainant paid Rs. 26,000/- on 06.01.2011 to the OP towards advance for purchasing 11000 pieces of bricks, which is clearly revealed from agreement dated 06.01.11. So as per status between the complainant & OP, the complainant becomes a consumer as per Consumer Protection Act, 1986.
It is fact that the OP received Rs. 26,000/- from the complainant for supply of bricks. But till date the OP has failed to supply the bricks to the complainant. It should be the duty of the OP to supply the same but the OP failed to do it causing clear gross negligence & deficiency in service on the part of the OP. But as regards agreement dated 27.05.2011, the complainant paid Rs. 1,00,000/- to the OP for development of brick field and the OP shall refund Rs. 1,39,000/- to the complainant after expiry of 1 year. But it is fact that the said amount of Rs. 1,39,000/- has not been paid to the complainant till date. This case is totally related to the specific Relief Act, 1963, which does not come within the purview of Consumer Protection Act, 1986. In this regard the complainant may approach before the Civil Court by filing money suit or may approach before the Criminal Court. In this respect the Forum has no jurisdiction to provide any relief to the complainant. Only as per agreement dated 06.01.2011, the complainant is entitled to get relief against the OP.
All the points are decided as per above observation. So the case is allowed partly.
Hence,
Ordered,
That, the case CC/2013/115 be and the same is allowed on contest in part with cost of Rs. 500/-. That the OP is hereby directed to pay Rs. 26,000/- plus Rs. 500/- towards cost and & Rs. 2,000/- towards compensation for mental & physical harassment i.e., total of Rs. 28,500/- to the complainant within 30 days from the date of order i.d., interest @ 10% p.a. shall be charged upon the awarded amount ill full payment.
Let a copy of this judgment be delivered to the parties free of cost.
