West Bengal

Bankura

CC/50/2015

Dinabandhu Das - Complainant(s)

Versus

Manager Barjora kangsabati Spinnigs Mills Ltd. - Opp.Party(s)

Self

18 Jan 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA    

Consumer  Complaint  No. No. 50/2015

Date of Filing : 05.05.2015

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                           Ld. Member. 

3. Siddhartha Sankar Bhui             Ld. Member.

For the Complainant: Ld Advcate Ardhendu Sekhar Ghosh

For the O.P. :  Ld Advcate Tapan De

Complainant

Dinabandhu Das, Hat Asuria, Barjora, Dist. Bankura

Opposite Party 

Manager, Barjora Kangsabati Spinning Mills Ltd., Barjora, Bankura

FINAL ORDER / JUDGEMENT

Order No.42                                                                             

Dt. 18-01-2023

Both parties filed hazira.

The case is fixed for argument.

After hearing arguments from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that in response to Tender No.3, dt.16-02-2015 issued by the O.P. for sale of packing wood the Complainant was selected as the highest bidder and he deposited Rs.1,000/- on proper receipt dated: 26-02-2015 along with earnest money of Rs.16,000/- under proper receipt dated: 2-3-2015. In spite of furnishing requisites in connection with the Tender the Complainant could not take delivery of the materials under Tender as it was cancelled by the O.P. authority and Retender was issued for that purpose in which the Complainant did not participate. The Complainant has therefore sought for the refund of deposit of (Rs.1,000/- + Rs.16,000/-) along with Compensation for harassment and mental agony.                                            

                                                                                                                                                                                Contd…………p/2

 

Page: 2

The O.P. contested the case by filing a Written Version contending inter alia that the Complainant is not entitled to get any relief as the 1^st Tender was cancelled and the Complainant did not participate in the Retender No. being 04, dt.14-03-2015.

Having gone through the entire facts of the case and the supporting materials thereof and the submission and contention on both sides the Commission finds that the Complainant was the highest bidder in the 1^st Tender after observing all legal formalities by depositing Rs.1,000/- on 26-02-2015 and Rs.16,000/- on 02-03-2015. The O.P. cancelled the tender on their own and the Complainant has no fault therein and as such the O.P. is liable to refund Rs.17,000/-((Rs.1,000/- + Rs.16,000/-) to the Complainant.

However, the Complainant is not entitled to get payment of Rs.1,000/- which is the Processing fee for the Tender but he is entitled to get return of Rs.16,000/- which was the earnest money for the said Tender.

Hence it is ordered……..

That the case be and the same is allowed on contest against the O.P.

The O.P. is directed to pay to the Complainant Rs.16,000/- along with Rs.4,000/- as Compensation within two months from this date failing which the same may be realized in due process of law.

Both parties be supplied  copy of this order free of cost.

 

                           ____________________                        _________________                     _________________

                            HON’BLE   PRESIDENT                  HON’BLE MEMBER                 HON’BLE MEMBER