MR. PRABODHA KUMAR DASH, PRESIDENT:-                 

                      The C.C. Case No. 70/2019 is taken up today for order. The complaint case was filed on dt. 17/12/2019 by the Complainant for deficiency in service of Ops as they are service provider for while washing colouring of house on a contract for Rs. 20,000/- & advanced them Rs. 5000/- to OP No.1 where Op No.2 & 3 are consented and present at the time of delivery of consideration advance amount. This Commission office sent notice on dt. 17/01/2020 to all the Ops & it was sufficient. All the Ops failed to file written statement within last 3 years. We are disposing the same without further delay. Ops not filed written statement non appointed counsel on their behalf of as per mandate of C.P.Act,2019. We are disposing on priority basis as an old year matter. We are setting Ops as ex-parte.

Brief Fact:-

                   The  Complainant while constructing  a building  at Kantapada Bazar, Rajkanika the Ops agreed for white washing & colouring of his building on contract & it was agreed at Rs. 20,000/- and as per the implied contract Rs. 5,000/- was paid as advance to the Ops for their  service. The Complainant collected bamboo, colour materials and handed over the same to the Ops. They had to started their work on dt. 10.08.2019 but avoided to complete the work citing unfounded reasons and finally denied to perform their services as agreed before. The Complainant suffered financial loss due to deficiency in service of the Ops & prayed for Rs. 53,500/- as compensation on the head of including loss litigation expenses. None appeared on behalf of the Ops & as such they are set ex-parte.

                       After going through the complaint petition and the averments put forth in the petition, the Ops are liable for deficiency in service by which the Complainant suffered financial loss amounting to Rs. 53,500/- and Ops are jointly liable for the above deficiency in service.

                                                ORDER

                Taking into all the facts & circumstances it is directed that, the Ops shall pay Rs. 5,000/- @9% P.A. alongwith cost of litigation Rs. 1,000/- within a period of one month from the date of receipt of this order till its realization, failing which @12% P.A. shall be payable till its realization. The complaint case is allowed.

                       Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Court, on this the 26th day of September,2022.             

                               I agree

                               Sd/-                                         Sd/-

                            MEMBER                             PRESIDENT