DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO.492/2016

  Date of Filing:                       Date of Admission                       Date of Disposal:

 01.08.2016                04.08.2016                              07.03.2017   

 Complainant                                     = Vs. =                                          O.P.

Fair Care a unit of                                                              Monitor Medical System

Bustee Local Committee                                                   represented by its

 and Social Welfare Centre,                                             authorized signatory

Regd. office at 39, Mominpore Road,                          Mr. P. Sengupta having

P.S. Eknalpore, Kolkata- 700023                                               its residence cum office

 and also at premises No. 82A/H/5,                              at 40, Dum Dum Road,

Dr. Sudhir Basu Road,

P.S. Ekbalpore,

Kolkata- 700023.

P R E S E N T :- Pradip Kumar Bandyopadhyay…President

                                                 :- Sri. Rabideb Mukhopadhyay ….….Member

J U D G E M E N T

This case has been filed by the complainant- Fair Care a unit of Bustee Local Committee and Social Welfare Centre on 01.08.16 under Section 12 of the C.P. Act, 1986 against The Monitor Medical System.   

The facts of the case, to put in a nutshell are as below:-

The complainant is a Social Welfare Committee registered under the West Bengal Societies Registration Act, 1961 who purchased a X-Ray Tube Head and Digital Control machine(vide proforma invoice dated 26.11.2014, reference No. MMS/Q/26/2014-2015.  An a/c payee cheque to the tune of Rs. 1,10,750/- was given to the O.P which issued money receipt to the complainant. But the machine has not been delivered as yet. Hence, this case.

The O.P did not contest the case.  

From the pleadings of the complainant the following points have been framed for decision:-

1). Is the complainant a consumer?

2). Is the O.P deficient in service?

3). What relief the complainant is entitled to get?

Reasoned Decision

All the points are taken up together for the sake of brevity and convenience. Before we discuss the points in dispute, let us look at the documentary evidence.

Dictated and Corrected                                                                              Contd…..2/-

C. C. Case No.492/2016

                                                                        - :: 2 :: -

The following documents have been filed by the complainant:-

1). Proforma Invoice of MMS dated 26.11.2014 (Annex-A).

2). Money receipt dated 14.01.2015 (Annex-B).

3). A letter dated 06.05.2015 (Annex-C).

The written argument was filed by the complainant on 01.03.2017.

Perused the pleadings and appreciated two evidences on record.

The above mentioned amount was debited from the complainant’s account the copy of which is in the record. This Forum was sent notice to O.P but it remained unclaimed.

Perused the judgement reported in AIR 2016 SC 3572 which supports the case of the complainant.

The unchallenged testimony of the complainant has established the case. Hence, we are inclined to hold that the complainant is entitled to get an award has prayed for.

It is, therefore,

                             Ordered,

                                                that the complaint be and the same is allowed ex parte.

The O.P, Manager, Medical System represented by Mr. P. Sengupta having office and residence at 40, Dum Dum Road, Nilambar Vihar, Block-B, Flat No. 308, 3^rd floor, P.S. Dum Dum, Kolkata- 700074 shall deliver the X-ray machine as mentioned above within 15 days from this date in default to pay Rs. 1,10,750 (Rs. One Lac Ten Thousand Seven Hundred Fifty ) along with compensation of Rs. 40,000/- and cost of Rs. 5,000/ i.e. total Rs. 1,65,750/-, in default, the entire amount given shall bear 10% interest thereon.

Copy be delivered to the parties free of cost.

  Member                                                                                          President. 

Dictated & Corrected by me.