J U D G E M E N T
The case of the complainant in a nutshell is as follows:-
That the complainant Sk. Abdulla, Village: Attaghar, District; Burdwan has filed this complaint under Section 12 of the C. P. Act against the proprietor, Maa Annapurna Steel furniture, Paharhati (Kalna Road), Burdwan i.e. OP-1 by claiming relief for deficiency in service and unfair trade practice by way of non-delivery of goods.
As per complaint the complainant for marriage of his sister went to the office of the OP on 20.11.2013 and booked some furniture for Rs. 10,000=00 and deposited an amount of Rs. 5,000=00 as advance on the self-same date. OP subsequently issued a
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receipt bearing no. 121 in favour of the complainant. The complainant further submits that due to ill luck of the complainant the marriage of his sister became postponed due to some reasons and the complainant went to the office of the OP for postponing the delivery of the booked furniture. The complainant also requested the OP to refund the booking amount, i.e. Rs. 5,000=00 which was deposited by him on 20.11.2013. Though the OP verbally assured the complainant that he will refund the said amount within few days but till September 2014 he did not bother to refund the said amount. The complainant further submits that when the OP did not refund the same then the complainant went to the office of the OP and asked to deliver an Almirah instead of refunding the deposited amount of Rs. 5,000=00 and the OP agrees to deliver an Almirah of Rs. 5,000=00 on 05.11.2014. In this context it is pertinent to mention that on 20.11.2014 the OP issued a memo in favour of the complainant for the deposited amount and they will deliver the same on 18th Kartik of the Bengali Year 1421 i.e. on 05.11.2014. Inspite of giving written assurance the OP neither refund the booking amount nor deliver the Almirah to the complainant. Inspite of giving challan, where they remarked that they will deliver the Almirah for the deposited amount, but they did not bother to deliver the Almirah till date which is deficiency in service and unfair trade practice on the part of the OP for which complainant suffered a lot of harassment and mental pain and agony and for those conducts they are liable to compensate the complainant.
The complainant has submitted receipt of Rs. 5,000=00 and also road challan for the same.
After admission of the complaint notice was served upon the OP and the OP appeared through ld. Advocate and it was fixed on 31.3.2015 for filing written version by the OP. In the meantime the matter was placed before the Lok Adalat held on 14.3.2015 but as the OP himself was not present before the Lok Adalat so it was not possible to settle the case. So the case record was returned to the Forum. As on 31.3.2015 the OP was not present the matter was fixed for ex parte hearing on 09.4.2015 and the argument was heard from the side of the complainant.
-: Decision with reasons :-
On going through the statement of the complainant and records submitted by the complainant it is seen that the complainant had booked some furniture on 20.11.2013 and advance of Rs. 5,000=00 was paid to the OP for that purpose. The complainant booked the furniture for marriage ceremony of his sister but due to some reason the marriage ceremony was not taken place. The complainant wanted to refund the advanced amount from the OP and subsequently the OP agreed to give Almirah of Rs. 5,000=00 for which a proper receipt was issued by the OP to the complainant. But the
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same Almirah was not delivered to the complainant till today. It is found from the document given by the OP to the complainant dated 2nd Kartik, 1421 of Bengali Era it is found that the OP has categorically written in that document that they will deliver the complainant an Almirah amounting to Rs. 5,000=00 which was deposited by the complainant as advance for furniture. So, the OP is very deficient in service by not delivering the same to the complainant and also adopted unfair trade practice. So the complainant is very much entitled to get a decree against the OP. Hence, it is
O r d e r e d
that the petition of complaint filed by the complainant is allowed ex parte against the OP. The OP is hereby directed either to pay Rs. 5,000=00 to the complainant as was advanced by the complainant or to deliver an Almirah amounting to Rs. 5,000=00 as per specification given in the document of OP dated 2nd Kartik, 1421 of Bengali Era within 30 days from the date of passing of this order, in default, the above-mentioned amount will carry penal interest @9% per annum for the default period. The OP is also directed to pay Rs. 1,000=00 as cost for mental harassment within 30 days from the date of this order, in default, the complainant will be at liberty to put this order into execution as per provisions of law.
Let a plain copy of this order be supplied to the parties free of charge.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Durga Sankar Das)
Member
DCDRF, Burdwan
(Silpi Majumder) (Durga Sankar Das)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
