IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /41/2015

 Date of Filing:   23.03.2015.                                                                         Date of Final Order: 11.03.2016.

Complainant:             Nripendra Nath Saha, 27/12, Joy Chand Road (Indrapuri), P.O. Khagra,

                                    Dist. Khagra, Dist. Murshidabad. Pin-742103.

-Vs-

Opposite Party:           Koyel Caterer, Prop. Malay Das, 27/80, Joychand Road (Indrapuri)

                                    P.O. Khagra, Dist. Murshidabad. Pin-742103

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

 This case has been filed by the complainant u/s12 of the C, P. Act, 1986 praying for refund of Rs.5, 000/- plus compensation of Rs.2, 000/- .

The complainant’s case, in brief, is that the date of marriage ceremony of complainant’s daughter was scheduled to be held on 4^th November, 2014 and the OP-Caterer was engaged for performing the work of catering for that marriage by giving advance of Rs.9000/- on 15.10.2014. Unfortunately, the bridegroom met with an accident on 16.10.14. Immediately, on 17.10.14 the complainant asked the OP to stop working and being confirmed about the accident he finally              cancelled the said contract of catering work. Thereafter, without refunding the advance amount of Rs. 9000/- , the OP harassed the compliant with different excuses. Then he was compelled to lodge complaint before the Consumer Affairs & FBP, Murshidabad Region against the OP where the OP gave a written assurance to refund the said amount by two installments but to no effect. The OP paid only Rs.4000/- to him. The entire amount has not yet been paid. For this reason he was compelled to file this instant compliant. Hence, the present case.        

In spite of getting several opportunities the OP has not filed any written version but the Ld. Lawyer for the OP argued that the complainant is not entitled to get any compensation and prays for installments to repay the rest of the amount.

                                                          Decision with Reasons.

The complainant has prayed for refund of balance advance  amount of rs.5,000/- for catering work which was not performed due to cancellation of the programme for the sudden accident of the Bridegroom along with compensation of Rs.2,000/-.

To prove the same the complainant has adduced evidence by way of affidavit and Xerox copy of the documents of receipt of Rs.9000/- as advance towards charge of catering work, also files the document of settlement before the office of Consumers Affairs & FBP, Murshidabad Region wherefrom it is clear that the OP assured the complainant to pay Rs.5000/- on 03.02.2015 and the rest i.e. Rs 4000/- will be paid on 03.03.2015. Further from the said document it is clear that the complainant got Rs.4000/- but rest of the amount of Rs.5, 000/- remains unpaid by the OP.

Ultimately, the complainant files this case on 23.3.15. Now, the OP prays for payment of the same amount of Rs.5, 000/- by 3 installments.

Considering the delay in refunding the balance amount of Rs.5, 000/- as per assurance, we find that the OP is to pay the unpaid amount of Rs.5, 000/- plus compensation of Rs.500/- by two installments. The first installment is to be paid for Rs.3000/- and the balance of Rs.2500/- is to be paid by second installment.

Hence,

Ordered

that the Consumer Complaint No. 41/2015 be and the same is hereby allowed . There will be no order as to cost.

The complainant is entitled to get Rs.5000/- plus compensation of Rs.500/-. The OP is directed to pay Rs.5500/- to the complainant in two monthly installments. The first installment of Rs.3000/- is to be paid by the 20^th April, 2016 and the second installment of Rs.2500/- is to be paid by the 20^th May, 2016.

In default, the OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

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.