This is a case against Jhantu Mollha, S/o Arif Mollah owner of Soma Brick Field, Nakashipara P.S., Nadia filed by Chanchal Mollah S/o Najir Ahmed Mollah. The facts of this case are as under:-
Chanchal Mollah paid Rs. 40,200/- on 02.12.2011 for purchasing 12000 number of special bricks from OP. The money was received by OP as per non-judicial stamp paper (Annexure – 1) dtd.02.12.2011 which was filed by the complainant before this Forum, but the bricks were not supplied to the complainants after expiry of prescribed period of time.
Hence, the complainant had to knock at the door of the Forum on 03.12.2014 by filing a complaint.
The complainant has filed himself an affidavit in support of his claim.
The unchallenged testimony of the complainant has proved the case of the complainant that he paid Rs. 40,200/- to the OP, Jhantu Mollha, but he neither paid back the money nor supplied the bricks. Hence, the complainant is entitled to get a decree of Rs. 40,200/- and he is also entitled to get interest @ Rs. 8% per annum upon the amount from the date of filing the case till the date of realization.
Hence,
Ordered,
That the case CC/2014/162 be and the same is allowed exparte against OP with cost of Rs. 1000/- and compensation of Rs. 500/-. The OP is directed to pay Rs. 40,200/- @ 8% interest from the date of filing till the date of payment along with a cost of Rs. 1000/- & compensation of Rs. Rs. 500/-. The payment must be paid made to the complainant, Chanchal Mollha within 30 days from the date of order.
Let a copy of the order be supplied to the parties free of cost.