DATE OF FILING : 08-12-2011. DATE OF FINAL ORDER : 15-03-2012. Shri Arun Mondal, son of late Jatindranath Mondal, residing at Village Khasnan, P.O. Sonamui, P.S. Amta, District – Howrah.------------------------------------------------ COMPLAINANT. - Versus - MAA KALI BRICK WORKS, a proprietorship business represented by its sole proprietor Sri Ashim Mainan, son of Panchanan Mainan, having its place of business at Rabibhag ( Gadaipur ), P.S. Bagnan, residing at village & P.O. Gobindapur, P.S. Shayampur, District – Howrah. ------------------------------------------------------------OPPOSITE PARTY. P R E S E N T 1. Hon’ble President : Shri T.K. Bhattacharya. 2. Hon’ble Member : Smt. Samiksha Bhattacharya. C O U N S E L Representative for the complainant : Khan Arif Hosan, Ld. Advocate. Oppsity party : Ex parte. F I N A L O R D E R 1. The instant case was filed by Sri Arun Mondal (herein after referred to as “complainant”), complainant, U/S 12 of the C.P. Act, 1986, against Maa Kali Bricks Works (hereinafter referred to as O.P.), alleging deficiency in service. 2. The fact is that the complainant placed an order before Maa Kali Bricks Works, o,p., on 31-01-2011 for delivery of 12000 bricks ( number one ) @ Rs. 4,500/- per thousand pieces including carrying cost. On the same day the complainant paid a sum of Rs. 30,000/- as an advance out of total cost price of Rs. 54,000/-. Subsequently on 17-02-2011 the complainant further paid Rs. 20,000/- to the manager of the O.P. and assured him to make payment of balance amount of Rs. 4,000/- at the time of delivery. Thereafter the complainant on several occasions requested the proprietor of the O.P. to deliver the bricks but the O.P. did not pay any heed. Finding no other alternative the complainant sent a letter on 01-11-2011 to the O.P. requesting him to deliver the bricks or refund the amount of Rs. 50,000/- which was paid by the complainant. But the said letter was refused by the O.P. on 05-11-2011.The complainant has suffered tremendous mental and physical pain and agony due to such irresponsible activities, negligence and deficiency in service on the part of the O.P. Finding no other alternative the complainant has filed the instant case before this Forum. 3. Though the notice was properly served to the O.P., the notice was returned back to the Forum with postal endorsement ‘refused’. So the case was heard ex parte. 4. Now two questions arose for determination : 1. Is there any deficiency in service on the part of the o.p. ? 2. Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 5. In view of unchallenged documents as canvassed in the complaint the deficiency in service on the part of the O.P. is palpable. In view of the studied silence on the part of the O.P. for a considerable period, the complainant was kept expectant and was placed in unfathomable agony. Therefore, it is a fit case for granting relief to the complainant. But we are not inclined to grant the prayer of the complainant in toto. As there is a clear deficiency in service on the part of the O.P., the complainant is entitled to get relief in terms of Section 14 of the C. P. Act, 1986. Both the points are disposed of accordingly. Thus the application succeeds. Hence, O r d e r e d That the C. C. Case No. 106/2011 U/S 12 of the C.P. Act, 1986 as amended till date be allowed ex-parte with a cost of Rs. 2,000/-. The O.P. be directed to refund Rs. 50,000/- to the complainant as paid by him. The O.P. be further directed to pay Rs. 5,000/- towards interest along with Rs.10,000/- towards compensation due to mental agony and harassment. The aforesaid amount to be paid by the O.P. to the complainant within a period of 30 days from the date of communication of this order, failing, the aforesaid amount shall carry an interest @ 8% p.a. till the date of realization. Copies of the order be supplied to the parties, as per rule. DICTATED & CORRECTED BY ME. ( T,K. Bhattacharya ) President, C.D.R.F.,Howrah ( Samiksha Bhattacharya ) Member, C.D.R.F., HOWRAH. ( Samiksha Bhattacharya ) Member, C.D.R.F., HOWRAH. | 
