Date of filing : 29/01/2015
Order no. 16
The case of the complainant in brief is that the complainant contacted with o.p. no.1 for painting his house and other article and o.p. no.1 promised the complainant to complete the job with full satisfaction. On being assured by o.p. no.1 the complainant entrusted the job to o.p. no.1 and made payment of Rs.49,500/- to o.p. no.1 for painting all ceiling measuring 1200 sq.ft. and walls measuring 947 sq.ft. of the premises no.124, CIT Road, Kolkata-54. The complainant further paid an amount of Rs.59,610/- on 26.4.14 and on 28.4.14 further paid a sum of Rs.98,010/-. The complainant stated that o.ps. did not complete the entrusted job for which they had taken a sum of Rs.2,09,610/-. The complainant issued a legal notice to o.ps. through his lawyer on 20.11.14 calling upon o.ps. for completing the work within 15 days, but the said work was not done for which the complainant filed this case praying for direction upon the o.ps. for refund of the money of Rs.2,09,610/- along with compensation of Rs.10 lakhs and litigation cost of Rs.40,000/-.
The o.p.s failed to appear before this Forum within the statutory period for which the case has proceeded ex-parte.
In order to prove the case the complainant filed an affidavit of evidence wherein it was stated that the complainant contacted with o.p. no.1 for painting his house and other article and o.p. no.1 promised the complainant to complete the job with full satisfaction. On being assured by o.p. no.1 the complainant entrusted the job to o.p. no.1 and made payment of Rs.49,500/- to o.p. no.1 for painting all ceiling measuring 1200 sq.ft. and walls measuring 947 sq.ft. of the premises no.124, CIT Road, Kolkata-54. The complainant further paid an amount of Rs.59,610/- on 26.4.14 and on 28.4.14 further paid a sum of Rs.98,010/-. The complainant stated that o.ps. did not complete the entrusted job for which they had taken a sum of Rs.2,09,610/-. The complainant issued a legal notice to o.ps. through his lawyer on 20.11.14 calling upon o.ps. for completing the work within 15 days, but the said work was not done for which the complainant filed this case praying for direction upon the o.ps. for refund of the money of Rs.2,09,610/- along with other reliefs.
It appears from the materials on record that the complainant entered into an agreement with o.p.s and the complainant paid the amount from time to time to o.ps. The complainant stated that the complainant paid the amount phase by phase to o.ps. and in such manner the complainant paid a total amount of Rs.2,09,610/-. The complainant in the petition of complaint annexed some documents wherefrom it is evident that from time to time the complainant paid the amount on the basis of work done by o.ps. The complainant has claimed that the work was not completed. In order to substantiate the said allegation the complainant failed to produce any evidence that no work was done by o.ps. On the contrary, annex-D filed with the complaint petition it was categorically stated by o.p. company that o.p. company wanted to refund the amount in respect of the unfinished work over wood finish on the doors of the complainant’s flat. In view of such fact we hold that the complainant will be entitled to get refund of Rs. 59,610/- along with compensation. Thus the case is disposed of accordingly.
Hence, ordered,
that the CC No.47/2015 is allowed ex-parte with cost against the o.p.s. The o.p.s are jointly and/or severally directed to refund a sum of Rs. 59,610/- (Rupees fifty nine thousand six hundred ten) only to the complainant along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs. 2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @08% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
