Mr. Rabin Pal,

M/S. Palco Water  System,

19, Buxara 1^st Bye Lane, P.S. Shibpur,

District – Howrah.--------------------------------------------------------------- COMPLAINANT.

-          Versus   -

Mr. Animesh Sanyal,

M/S. Cripton Enterprise,

5/1/2, Brojonath Lahiri Lane, Buxarah,

P.S. Shibpur, Howrah.

PIN  – 711110.-----------------------------------------------------------------OPPOSITE PARTY.

                                                P     R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  It is the specific grievance of the complainant, Rabin Pal of M/S Palco Water

System that even in spite of taking the advance amount of Rs. 5,500/- from him for certain repair work, O.P., Animesh Sanyal of Cripton Enterprise never delivered the rolling shutter and grill-gate in question till date. It is stated by the complainant that on 16-10-2007 he made such payment to O.P. for the required job vide annexure money receipt dated 16-10-2007. Thereafter, from time to time he requested the O.P. to deliver and fix the same, such as on 19-03-2010, O.P. endorsed on the xerox copy of the challan dated 16-10-2007 that the delivery would be made within 20-04-2010 vide annexure attached which was not done. Again O.P. made another endorsement like ‘come on 1^st week of Nov: 2012’ on 26-09-2012 on the xerox copy of the challan dated 16-10-2007 vide annexure attached. And O.P.’s this kind of non compliance was also brought to the notice of S.D.O. Howrah, on 26-09-2012 and S.D.O., Howrah,  also sent a letter on 09-11-2012 to this  Forum requesting the ld. President of this Forum to look into the matter vide annexure letter dated 09-11-2012. And the complainant himself also by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended ) upto date on 19-12-2012 has prayed for a direction to be given upon the O.P. to pay a compensation of Rs. 30,000/- for causing so much harassment since 16-10-2007 along with the repairing work to be done by  the O.P. And after hearing the petitioner, the case was admitted and notice was sent to O.P. O.P. appeared and filed written version.

2.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

3.      Both the points are  taken up together for consideration. In written version O.P. has

categorically stated that due to quarrel between the petitioner and his brother, Manoj Pal, he could not fix the gate in question till date although he went there to do the job for several times. But he was prevented to fix the grill-gate at 19, Buxare 1^st Bye Lane, due to their family problem and he also annexed the copies of the petitions filed by Manoj Pal against Rabin Pal, the complainant herein, being numbered as M.P. No. 339 of 2005 and M.P. No. 921 of 2010. We have gone through those petitions and noted their contents and also seen the concerned order sheets. Here one thing has to be kept in mind that as O.P. took an amount of Rs. 5,500/- towards the repairing work, from the complainant, it is the duty of the O.P. to do the job and deliver the same in time. Whatever be the problem in between the brothers, it is none of O.P.’s business to see. Did he even send any letter to the complainant stating therein that his work had been completed and due to their personal problems, he was not in a position to fix the same in scheduled time. We have also to consider that complainant for such a small work even wrote a letter to S.D.O., Howrah. If the O.P. was at all obstructed to fix the grill-gate in question by some persons at the said premises, he should have delivered the grill-gate to the said premises in presence of the complainant and got it received by him. But there is not a scrap of paper to show O.P.’s good intention towards the delivery of the said grill gate. Accordingly, we hold that there is negligence on the part of the O.P. So, the case succeeds on merit.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 171  of 2012 ( HDF  171 of 2012 )  be  allowed on contest with  costs  against  the O.P. 

      That  O.P. is  directed to do the repairing work as per the quotation dated 16-10-2007 and physically deliver it to the complainant at 19, Buxara 1^st Bye Lane, P.S. Shibpur, Howrah,  within 30 days from the date of this order i.d., Rs. 50/- per day shall be charged against O.P. till the actual delivery.

      The complainant do get an award of Rs. 3,000/- as compensation and  Rs. 1,000/- as litigation costs.

      The O.P. is directed to pay the entire sum of Rs. 4,000/- within one month from this order i.d. the entire amount shall carry an interest @ 10% p.a. till actual realization of such amount by the complainant.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah                                      

                                          .