This is a case u/s 12 of Consumer Protection Act 1986 filed by Shyamal Chatterjee wherein it is contented inter-alia to the effect that on 14.09.05 the O.P. financed a sum in favour of complainant with a condition to pay off the same by 18 equal installments. It was also condition that in case of payment in cash the complainant was to pay at Rs. 1,612 per installment but in case of payment by cheque the complainant is to issue cheque of Rs. 1.677 each. By that loan amount the complainant purchased a motor bike and issued 18 cheques of Rs. 1,677 each in favour of O.P. Out of those 18 installments this complainant paid 13 installments in cash and rest 5 installments were paid out of said 18 cheques. But unfortunately the O.P. encashed 9 cheques instead of 5 cheques. And these excess payment made by 4 cheques for total sum of Rs. 6,708 /-were to be recovered from the O.P. for which the claimant demanded several times to get back that amount from the O.P., but in vain. Hence this case.

         Inspite of having several opportunities as the O.P. did not proceed with the case, the case is disposed of with ex-parte hearing.

         In support of the case the complainant has adduced documentary evidence/materials.

         Perused the said evidence/ materials on record which is being unchallenged remain unrebutted. Resultantly the case succeeds.

         Hence, it is

O R D E R E D

         that the  C.C. No. 42/13 u/s 12 of  C.P. Act 1986 filed by Shyamal Chatterjee be and  the same is decreed ex- parte against the O.P. with cost of Rs.1,000 ( One thousand) only to be paid by the O.P. in favour of this complainant.

         The O.P. is further directed to pay off the said excess amount of Rs. 6,708/-(Rupees  Six thousand seven hundred eight) only in favour of the complainant.

         The O.P. is further directed to pay a sum of Rs. 3000/-(Rupees three thousand ) only in favour of the complainant as compensation for his mental agony and harassment.

         The O.P. is hereby directed to liquidate the said entire decretal amount within one month  from this date in favour of the  complainant failing which the complainant would be at liberty to recover the said entire decretal amount alongwith interest @ 10% p.a. to be calculated on and from the date of filing of this case till recovery of the entire decretal dues by filing a separate proceeding against the O.P. as per provision of law.