West Bengal

Bankura

CC/68/2023

M/s Balaji Fashion, Proprietorship Farm, represented by Sri Nitin Sureka (Proprietor) - Complainant(s)

Versus

Managing Director, Artimas Fashions Pvt. Ltd. - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

13 Mar 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 68/2023

                            Date of Filing: 14/07/2023                    

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate  Amal Kumar Chattopadhyay

For the O.P. :  Arindam Chakraborty, Authorized Representative

Complainant  

M/s Balaji Fashion, Proprietorship Farm, represented by Sri Nitin Sureka (Proprietor), son of Rajakumar Sureka, resident of Veer Savarkar Sarani, P.O.Bankura, Dist. Bankura, PIN- 722 101, Mob: 9830696699                                                                                 

Opposite Party                                                                                                                                                  

1.Managing Director, Artimas Fashions Pvt. Ltd., 17^th Floor, North Wing, Adventz Infinity, BN-5, Salt Lake City, Sector-V, Kolkata-700 091

2.Artimas Fashions Pvt. Ltd., represented by its  Managing Director Sri Nischal Puri, C/o Tiirupati Vancom, Sankrapara, Old Delhi Road, Coal Complex Township, Near Dubey Kata, Dankuni-713 210

 

FINAL ORDER / JUDGEMENT

Order No.09

Dated:13-03-2024

Complainant files hazira through Ld. Advocate.

The case is fixed for Ex-parte hearing.

No step is taken by the O.P. nor any W.V. filed.

The case is taken up for Ex-parte hearing.

The Complainants’ case is that he has a business transaction with O.P. by security deposit of Rs.3 Lakh on 01/03/2022 vide Cheque No.256033 drawn on Axis Bank, Bankura and the same was acknowledged by the O.P. on 04/03/2022 via email. The business transaction with the O.P. being come to an end the Complainant is entitled to refund of said security deposit of Rs.3 Lakh for which Advocate’s Letter dated: 23/05/2023 was sent to the O.P. but the Complainant has not yet received the said amount from the O.P. Hence this case.

O.P. after receipt of notice made their appearance before the Commission but did not prefer to contest the case by filing any written version.

                                                                                                                                                                                  Contd…….p/2

Page: 2

In support of the complaint case Advocate’s Letter dt.23/05/2023 along with email communication dated: 04/03/2022 and the Trade License issued by Bankura Municipality have been produced before the Commission.

Having perused the petition of complaint and the materials on record the Commission is of the view that the Complainant has established prima facie case for refund of the security deposit of Rs.3 Lakh from the O.P.                                                                               

Hence it is ordered……..

That the case be and the same is allowed Ex-parte against the O.P. without cost.

O.P. is directed to pay to the Complainant Rs.3 Lakh as refundable security deposit with litigation cost of Rs.1,000/- within forty five days from this date in default law will take its own course.

Both parties be supplied copy of this Order/Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER