West Bengal

South 24 Parganas

CC/292/2015

Arun Kumar Bhattacharya. - Complainant(s)

Versus

Ideas Consultency. - Opp.Party(s)

15 Dec 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _292_ OF ___2015__

 

DATE OF FILING : 22.6.2015                     DATE OF PASSING JUDGEMENT:  _15.12.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             : Arun Kumar Bhattacharya, 289/3, Jonepur, P.O Kanchanpara, 24-Parganas (N), Pin-743145.

 

-VERSUS  -

 

O.P/O.Ps                            :  IDEAS CONSULTENCY , 68, H.C Sarani, Kolkata – 150, Sonarpur.
 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

This complaint is filed on the ground that complainant placed an order to the O.P for Drinking Water Project at 289/3, Jonepur, North 24-Parganas. The total contract value for this project was Rs.65000/- . Accordingly O.P agreed and accepted the order as per terms and conditions and also agreed to fulfill all the terms and conditions and also responsible to get license from the authority  ,for which, complainant paid Rs.32,500/- through cheque drawn on Bank of India, Kalyani Branch and State Bank of India, which was received and signed by the O.P. It has alleged that insptie of receiving the said advance the O.P sent a mail that they are unable to perform the work and terminated the contract. Hence, this complaint with a prayer to refund the said Rs.32,500/- and compensation to the tune of Rs.4 lacs and litigation cost also be awarded suitably.

The notice was served and O.P appeared through ld. Advocate on 6.10.2015 but thereafter none appears nor file written objection inspite of giving opportunity, that is why, case is taken up for exparte hearing considering the fact that the dispute is connected with a water supply project which is very urgent in nature and connected with the life of human being.

Point for consideration in this case is whether the O.P has acted any deficiency in service or not.

                                                Decision with reasons

It appears from the document that O.P has accepted consultancy for package drinking project of 2000 liter per hour as per IS standard and also accepted the advance money of Rs.32,500/- . But the Annexure 3 is the mail which was sent by the O.P on 20.9.2014,wherefrom it appears that they terminated the same on a ground that they waited long for the documents supposed to be provided from the complainant’s end. It may be mentioned here that for argument sake if we consider that complainant has failed to provide necessary docu7emnts but what prompted not to refund the advance money along with termination and no assurance was also given in the mail that advance  money  will be retuned. However, when after receiving the money and agreed to provide consultancy for package drinking water project, complainant is entitled to get the said money which was paid in advance along with token compensation and cost because by not refunding the entire advance money as well as non-providing the agreed work, O.P has made deficiency in service.

Hence,

                                                            Ordered

That the case being C.C.no. 292 of 215 be and the same is allowed in exparte.

The O.P is directed to refund Rws.32,500/- together with interest @9% p.a from the date of this order till realization and also to pay compensation to the tune of Rs.25000/- and litigation cost of Rs.2000/- to the complainant within 45 days from the date of this order, failing which, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the parties free of cost.

 

 

 

Member                                               Member                                                                       President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                   

Ordered

That the case being C.C.no. 292 of 215 be and the same is allowed in exparte.

The O.P is directed to refund Rws.32,500/- together with interest @9% p.a from the date of this order till realization and also to pay compensation to the tune of Rs.25000/- and litigation cost of Rs.2000/- to the complainant within 45 days from the date of this order, failing which, complainant is at liberty to execute the order through this ?Forum.

Let a plain copy of this order be served upon the parties free of cost.

 

 

 

Member                                               Member                                                                       President