DATE OF FILING                    :     28.05.2014.

DATE OF S/R                            :      30.06.2014.

DATE OF FINAL ORDER      :     03.09.2015.

Sri Phanindra Nath Mandal,  

s/o late Satish Chandra Mandal,  

residing at ‘ARPAN’, Bakshi Bagan,

166, Arabinda Road, P.S. Jagacha,

District Howrah,

PIN 711104……………………………………..………………………… COMPLAINANT.

• Versus   -

1.         M/s. SAAKAAR MEDIA PRODUCTIONS PVT. LTD.,

having its registered office at 113, Park Street, Poddar Point,

Block A, 5^th floor, P.S. Park Street,

Kolkata 700016. 

2.         SAAKAAR MEDIA PRODUCTIONS PVT. LTD.,

            represented by the Manager of the factory at Sankrail Industrial Park,

            opposite Nirmala Cinema, village Kandduah,  Dhulagarh, P.S. Sankrail,

            District Howrah, PIN 711 302.

3.         Sri Aakash Ranjan Das,

            Sales Officer, Wood Peckeer, Saakaar Media Productions Pvt. Ltd.,

            Display Centre, Home Land Mall  Shop no. 328 at 188,

            Ashutosh Mukherjee Road, Kolkata 700025.

4.         Sri Pinaki Mukherjee,

            Site Supervisor of M/s. SAAKAAR MEDIA PRODUCTIONS PVT. LTD.,

            having its office and working place and business under the Manager of factory

            at Sankrail Industrial Park opp. Nirmala Cinema, village Kanduah, Dhulagarh,

            District Howrah, PIN 711302.

5.         Furniture House,

            Represented by his employee Sri Jagabandhu having its office and

            business place at Ramrajatala Station Road, P.O. Santragachi, P.S. Jagacha,

            District Howrah,

PIN 711104…………………. …………………………………..….OPPOSITE PARTIES.

 P    R    E     S    E    N     T

 Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak.

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C .P. Act, 1986 filed by the petitioner, Phanindra Nath Mandal,  praying for a direction upon the o.ps. for installation of the cabinet and other materials to his kitchen as per agreement with the o.p. on 18.12.2013 and to pay Rs. 2 lakhs for physical harassment and mental agony and Rs. 800/- per month for non service of cabinet and Rs. 1,000/- per month for keeping some packages in the garage of the petitioner.   

2. The case of the petitioner is that for purchase of one kitchen equipment from the o.ps. he paid a sum of  Rs. 60,000/- to the o.ps. by installments. But the o.ps. did not install the kitchen cabinet in his kitchen and he requested the o.ps. repeatedly but they did not pay any heed to him and the  o.ps. committed deficiency in service as well as unfair trade practice. Both the petitioner and his wife are cancer patient and over 75 years old and finding no other alternative the petitioner filed the case. 

3. The o.ps. though served with notice, did not appear and thus the case is heard ex parte against all of them.

4. The only point is decided herein whether the petitioner is entitled to get the  relief as prayed for ?

DECISION  WITH   REASONS      :

5. In support of his case the petitioner field documents showing that he paid Rs. 60,000/- to the o.ps. for purchase of a kitchen cabinet and the money receipts showing such payment and there was no due. But the o.ps. did not install the kitchen cabinet and other materials as agreed between the parties. The oral and documentary evidences filed by the petitioner proved the case of the petitioner ex parte as all the oral and documentary evidences in respect of payment went unchallenged and there is nothing to disbelieve the case of the petitioner, who is over 75 years old. The petitioner thus proved his case ex parte and entitled to the relief as prayed for.

In view of above, the claim case succeeds.

Court fee paid is correct.

     Hence,

                                    O     R     D      E      R      E        D

           That the C. C. Case No.  312 of 2014 ( HDF  312  of 2014 )  be  allowed ex parte  with  costs  against  the O.Ps., who are directed to install the kitchen cabinet in the kitchen of the petitioner with all other articles as agreed upon and to pay a sum of Rs. 50,000/- to the petitioner for causing mental agony and harassment to him at this old age and to pay a sum of Rs. 10,000/- as litigation costs within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution.    

            Supply the copies of the order to the parties, free of costs.  

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D. Nanda  )                                              

  Member, C.D.R.F., Howrah.