14....01.04.2021....

The Ld. Advocate for the complainants is present.

Today is fixed for delivery of final order. Final order containing 4 pages is ready. It is sealed, signed and delivered in open commission. It is

ORDERED

That the Complaint case be and the same is hereby allowed exparte against the O.P. with cost of Rs.1,000/- (Rupees one thousand) only.  The O.P.  is directed to pay Rs.70,000/- (Rupees seventy thousand) only along with interest @ 6% p.a. w.e.f. 22.03.2017  till realization within a period of sixty days from the date of this order to the Complainants, in default, the complainants will be at liberty to put the order in execution. 

Let copies of the Final Order be supplied / handed over to the parties / their agents as per rules.  The Final Order will also be available in the following website: www.confonet.nic.in.

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

SOUTH 24-PARGANAS

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

C.C.NO. 203 OF 2019

DATE OF FILING                  DATE OF ADMISSION             DATE OF FINAL ORDER

04.12.2019                              19.12.2019                                01.04.2021

Present                                              :  President   :  Asish Kumar Senapati

                                                              Member      :  Jagdish Chandra Barman

COMPLAINANT(S)                          :1.   Uttam Pal

S/o.  Late Dulal Pal

2. Kamala Sasmal,

W/o. Bimala Sasmal

Both of  Village & P.O. – Radhanagar, P.S. – Namkhana,  Dist. – South 24 Parganas, Pin – 743 357

                                                                                       Versus

O.P/O.Ps                                           :  1. Nath Book Stall,

     Of Village & P.O. – Rainagar, Srinathgram near  

Chunkuri School Para, P.S. Namkhana, Dist. South 24 Parganas, Pin – 743 357.

Kolkata – 700 034.

___________________________________________________________________

Sri Asish Kumar Senapati, President

This is a complaint U/S 12 of the C.P. Act, 1986.  One Uttam Pal & another (herein after referred to as Complainants) filed the case against M/s. Nath Book Stall, praying for compensation alleging deficiency in services. 

The gist of the complaint is that :

The complainants used to run a Charitable Society for donation of  exercise books etc. to the children.  The complainants approached the O.P. for purchase of 250 ream of exercise books on the strength of an agreement dated 21.03.2017  on payment of Rs. 30,000/- (Rupees thirty thousand) only in cash and Rs.40,000/-  (Rupees forty thousand) only vide cheque No.223386 drawn on PNB dated 21.03.2017.  The O.P. also issued Memo No.103 dated 21.03.2017 on receipt of Rs.70,000/- (Rupees seventy thousand) only and the balance amount was Rs.2,000/- (Rupees two thousand) only.  That after expiry of 7 (seven) months, the O.P. did not deliver the materials as agreed upon between the parties and lastly the complainants issued two letters dated 02.08.2019 and 16.05.2019 for settlement of the issue but of no result.  The complainants pray for a direction to refund  the advance money of Rs.70,000/- (Rupees seventy thousand) only and compensation of Rs.50,000/- (Rupees fifty thousand) only for mental harassment and pain.  The OP did not turn up in spite of service of notice.

The Ld. Advocate for the complainant files a petition praying for treating the written complainant as evidence.  On perusal of the agreement between the parties dated 21.03.2017 , we  find that both parties entered into an agreement and the O.P. received Rs.30,000/- (Rupees thirty thousand) only in cash and Rs.40,000/- (Rupees forty thousand) only by cheque No.223386 drawn on PNB dated 21.03.2017.  It also appears from the demand notice dated 21.02.2018 that the complainants requested the O.P. to supply books and the notice was received by the O.P. through Registered Post with AD on 31.12.2018 but the O.P. did not turn up.  The O.P. has not even appeared before this Forum to challenge the statements of the complainants. 

Considering the materials on record, we find that the complainant is a consumer and the O.P. has deficiency in service as it did not supply the exercise books in terms of the agreement between the parties dated 21.03.2017.  In our considered opinion, the complainants are entitled to get back the amount of Rs.70,000/- (Rupees seventy thousand) only with interest @ 6% p.a. w.e.f 22.03.2017 till realization of the amount.  We also think that the complainant is also  entitled to get litigation cost of Rs. 1,000/- (Rupees one thousand) only against the O.P. 

In the result, the complaint case succeeds. 

Hence, it is

ORDERED

That the Complaint case be and the same is hereby allowed exparte against the O.P. with cost of Rs.1,000/- (Rupees one thousand) only.  The O.P.  is directed to pay Rs.70,000/- (Rupees seventy thousand) only along with interest @ 6% p.a. w.e.f. 22.03.2017  till realization within a period of sixty days from the date of this order to the Complainants, in default, the complainants will be at liberty to put the order in execution. 

Let copies of the Final Order be supplied / handed over to the parties / their agents as per rules.  The Final Order will also be available in the following website: www.confonet.nic.in.

Dictated and corrected by me