IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/112/2014
Date of Filing: 25.08.2014. Date of Final Order: 21.04.2015.
Complainant: Tapan Sarkar, S/O- Late Jagabandhu Sarkar, Vill.-Roy chandpur,P.O.&P.S.- Jiaganj,
Dist.- Murshidabad, Pin: 742123.
-Vs-
Opposite Party: Khurshed Ali (Selim Brick Filed), Vill.- Hossain Nagar, P.O.-Kolan Radhakantapur,P.S.-
Bhagawangola, Dist.- Murshidabad, Pin:- 742123.
Present: Hon’ble Member, Samaresh Kumar Mitra.
Hon’ble Member, Pranati Ali.
FINAL ORDER
Samaresh Kumar Mitra, Presiding Member.
The brief facts of the complaint are that complainant being a proposed purchaser of bricks went to the brick-kiln of OP on 27.11.2012. OP made this complainant that there is no brick in the brick kiln but you may pay full amount in advance then he will deliver No.1 Special bricks within two months. Believing the OP, this complainant paid the cost of 12 thousand bricks at the rate of Rs.4500/- per thousand and paid Rs.54,000/- in total . Taking the money the OP remained silent and did not deliver bricks till the filing of this complaint although the complainant visited several times to this OP for getting bricks or refunding the money as deposited. This complainant collected the money from others in credit and paid the OP for getting bricks with an aspiration to construct a house to avoid rental payment. This complaint lastly understood that he was cheated by the OP. Then he made a complaint before CA&FBP but the OP did not turn up. Getting no alternative this complainant filed the instant complaint before this Forum for getting refund of Rs.54,000/- and Rs.36,000/- for compensation.
He filed the receipt of Selim Brick Field dated 27.11.2012 and the copy of letter dated 31.07.2014 of AD, CA&FBP, Murshidabad.
The OP got the notice of the Forum but did not turn up. So the proceeding runs ex-parte against the OP.
Complainant filed evidence on affidavit on 06.04.2015 in which he stated that the OP did not refund the amount which he paid or the bricks so he took the shelter of this Forum for redressal ofRs.90,000/- from the OP. The Complainant advanced argument ex- parte in full and submitted to get the money as paid to the OP including the compensation as the OP did not supply him the bricks as a consequence he suffered a lot. From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
- Whether the Complainant ‘Tapan Sarkar’ is a ‘Consumer’ of the opposite party?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether the O.P carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
- Whether the complainant proved his case against the opposite party, as alleged and whether the opposite parties are liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
1).Whether the Complainant ‘Tapan Sarkar’ is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a Consumer ‘as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant paid a sum of Rs.54,000/-before the OP for getting bricks from the OP and OP gave a receipt to this complainant regarding the acceptance of money so he being the customer of OP is entitled to get service from the OP.
2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued at Rs.54,000/-ad valorem which is within Rs.20,00,000/-limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The case of the complainant is that he being the customer of OP i.e. Brick owner, deposited a sum of Rs.54,000/- to get the bricks amounting to 12000 at the rate of Rs.4500/-per thousand to construct a residential place to avoid the rental payment. According to the version of the complainant that there were no bricks at the relevant time so the OP assured to deliver the bricks of quality one after two months of payment. After elapsing months after months the OP did not deliver the Bricks to this complainant so he rushed several times to the OP for getting the bricks or the money refunded as deposited earlier. But the OP pit no bid at the utterance of this complainant so getting no alternative the complainant filed a complaint before the Office of the Consumer Affairs & Fair Business Practice at Berhampore for getting his problem solved but the OP did not turn up so the Additional Director of CA & FBP, Berhampore dropped the case with an advice to take the recourse of Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Murshidabad, Berhampore. Then the Complainant filed the instant complaint for redressal of his dispute in question. He being the proposed customer of OP deposited a sum of Rs.54,000/-is entitled to get service from the OP but the OP neither supplied the bricks nor refunded the money taken as advance. The bill of receipt clearly stated that last date of delivery of bricks has fixed on 20th Falgun, 1419 and mode of payment and the quantity has specifically stated. It is not clear to us that whether OP delivered the bricks to this Complainant or not. But the OP should appear before this Forum to make his version against the allegation as leveled by the complainant. The complaint of the complainant is remained unchallenged and we have nothing but to rely on the averments of the complaint petition.
So from the above statements and discussions we are in the view that the complainant deposited the sum of Rs. 54000/-to the OP but the OP neither delivered the bricks nor refunded the amount deposited/paid to the OP on 27.11.2012 so he is under liability to repay the amount taken from the complainant or to supply bricks as per condition as stated in the money receipt.
From the foregoing discussion we are in a considered opinion that the complainant was able to prove his case by adducing cogent documents/evidence beyond reasonable doubt so the complaint succeeds ex-parte.
So his claim of getting reliefs is tenable. He is entitled to get only the amount of Rs.54,000/-which was given on 27.11.2012 and a sum of Rs.36,000/- as compensation from the OP .
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite parties are liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant has proved his case beyond any reasonable doubt. So, the Opposite Party is liable to compensate the complainant.
ORDER
Hence it is ordered that the complaint be and the same is allowed in ex-parte as no order as to cost.
So, we direct the Opposite Party to pay the complainant an amount of Rs.54000.00 which he took as advance for supplying bricks from this complainant and further directed the OP to pay a sum of Rs.36000.00 as compensation for mental pain and agony, within a period of 45 days from the receipt of this order. No other relief (s) is awarded to the complainant. At the event of failure to comply with the order the Opposite Party shall pay cost @Rs.50.00 for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and corrected by me.
Member, District Consumer Disputes
Redressal Forum, Murshidabad.
Member, Member,
District Consumer Disputes District Consumer Disputes
Redressal Forum, Murshidabad. Redressal Forum, Murshidabad.
