By  : SMT. CHANDRIMA CHAKRABORTY,MEMBER

            Claiming himself as a consumer, under the C. P. Act, 1986, the Complainant has sought for interference of this Forum in respect of fact complained of.

           The case stated in the complaint, in succinct, is that, the Complainant placed an order before the  Opposite Party  by an  Agreement  dated 26.11.2002 vide Cash Memo No. 977  for  supplying of thirty  thousand bricks  at the rate of Rs. 1,500/- only per thousand and total value was fixed at Rs. 45,000/-  only. On 29.11.2002  the Complainant deposited a sum of Rs. 10,000/-  only,  on 08.12.2002 Rs, 5,000/- only, and lastly on 12.08.2009 Rs .30,000/- only towards the Opposite Party.

Thus the Complainant deposited the total amount of Rs. 45,000/-  only to the Opposite Party.  On different occasions the Opposite Party had supplied bricks  totaling  15,920 pieces only  and  the remaining 14,080 pieces of bricks are yet to be delivered. The Complainant repeatedly asked for delivery of the rest bricks  but the Opposite Party did not care to supply the same and lastly in the year 2007  the Opposite Party promised to supply the remaining bricks but till date he did not supply the same.  On 26.04.2017 the Complainant sent a letter to the Opposite Party  for  supplying the remaining bricks  but it was in vain what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Complainant for which being victimized and harassed by the Opposite Party the Complainant has to file the instant case seeking adequate redressal against the Opposite Party.            

            Moreover,  for an effective solution the Complainant also knocked the door of the  LD. A.D  of  CAFBP, Tamluk,  Purba Medinipur,  but the matter could not be settled there.

 Despite service of the notice, the Opposite Party never appeared before the Forum in person and/or through their authorized representative/Ld. Advocate to contest the case by filing Written Version and so the instant case has been heard ex-parte against both the Opposite Party.

                                         Point for Consideration

            The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.

Decision with reasons

 In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.  

            The main allegation of the Complainant against the Opposite Party is that, in spite of  entire payment of the said agreed  bricks  the Opposite Party  had  failed and/or neglected and/or deficient to deliver the remaining bricks towards the Complainant.                                                                                                 

              On overall evaluation of the argument by the Complainant and perusing the material documents in record, it is manifestly evident that, the Complainant had  placed an order before the Opposite Party  by an  Agreement  dated 26.11.2002 vide Cash Memo No. 977  for  supplying of 30,000 (thirty  thousand)  bricks  at the rate of Rs. 1,500/- only per thousand and total amount was fixed at Rs. 45,000/-  only which was revealed from the photocopies of the documents submitted by the Complainant.

            The photocopies of the documents filed by the Complainant manifestly reveals  that  on 29.11.2002  the Complainant had paid a sum of Rs. 10,000/-  only,  on 08.12.2002  the Complainant had further paid a sum of Rs. 5,000/- only, and lastly on 12.08.2009  the Complainant had also paid an amount of Rs .30,000/- only towards the Opposite Party for the said bricks from which it is proved that the Complainant had paid the entire agreed amount of Rs. 45,000/-  only in advance to the Opposite Party. 

            Thereafter on different occasions the Opposite Party had supplied the bricks  totaling  15,920 pieces only  out of the total 30,000 bricks  and  the remaining 14,080 pieces of bricks are not yet delivered by the Opposite Party.

             It is revealed from the record that the Complainant repeatedly asked for delivery of the remaining 14,080 number of  bricks  but the Opposite Party did not care to supply the same and lastly in the year 2007  the Opposite Party promised to supply the remaining bricks  to the Complainant but till date he did not supply the same.  

            It is also evident from the documents filed by the Complainant that the Complainant had sent a letter to the Opposite  Party on 26.04.2017 reminding  for  supplying the remaining bricks  but the Opposite Party further deliberately failed to deliver the same for which the Opposite Party is still liable to do the same.

              Moreover, all the allegations made by the Complainant never challenged by any Opposite Party, even the Opposite Party  never appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.

            So the unanimous decision of the Forum is that the Opposite Party is strictly liable to deliver the remaining 14,080 number of bricks towards the Complainant and in default the Opposite Party shall have to pay the amount of Rs. 21,120/- only (@ of Rs. 1,500/- only per 1,000 bricks) in favour of the Complainant and also have to pay the compensation for harassment and mental agony.

             Therefore, in the light of the above discussion it is finally and commonly decided by the Forum that the Complainant has successfully proved the case and is entitled to get relief as prayed for, and consequently, the points for consideration are decided in affirmative.

           In short, the Complainant deserves success.

           In the result, we proceed to pass  

O R D E R

 That the case be and same is allowed Ex-parte against the Opposite Party with cost of Rs. 3,000/- only payable to the Complainant within one month from the date of this ‘Order’.

            That  the Opposite Party is directed to  deliver the remaining 14,080 number of  bricks towards the Complainant within one month from the date of this ‘Order’.

In default to deliver the same, the Opposite Party is further directed to pay the amount of Rs. 21,120/- only (@ of Rs. 1,500/- only per 1,000 bricks)  in favour of the Complainant within one month from the date of this ‘Order’.

           That the Opposite Party is further directed to pay the amount of Rs. 5,000/- only to the Complainant as compensation for harassment and mental agony  within one month from the date of this ‘Order’.

             In the event of non compliance of any portion of the order by the Opposite Party within a period of one month from the date of this ‘Order’, the default Opposite Party shall have to pay a sum of Rs. 100/- only per day, as punitive damages, from the date of this ‘Order’  till full satisfaction of this ‘Order’, which amount shall be deposited by the said  Opposite Party in the  Consumer Legal Aid Fund.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.