By : SMT. BANDANA ROY, PRESIDENT,

The case of the petitioner in brief is that on 04.01.2015 he purchased a Collapsible gate along with rails from the shop of the OP. The OP took measurement of the gate and promised to supply proper shape of the item and if he fails to supply the same he would give return of the price along with 12% interest. On 04.01.15 the OP delivered the collapsible gate and rail and received value of Rs. 12,299/-. The complainant subsequently noticed that the gate is not befitting with the measurement taken by the OP and it was very much hard for the mason to fit the gate with the wall. Thereafter repeatedly the complainant complained the OP for doing the needful so that the gate befits the wall, but the OP did not care. Ultimately on 14.09.16 the complainant served advocate’s notice upon the OP claiming refund of the money along with interest but in vain. Now the said gate is lying idle without any purpose.

Under such circumstances the petitioner has filed this complaint petition alleging unfair business practice by the OP and prays for the reliefs as mentioned in the instant complaint petition.

In spite of service of summons upon the OP the OP did not appear to contest the case. Hence the complaint is taken up for ex parte hearing against the OP

                                                                                    Points for consideration.

Whether the instant case is maintainable and whether the complainant is entitled to get the relief(s) as prayed for.

Both the points are taken up together for discussion for the sake of convenience.

Heard argument advanced by the ld. advocate for the complainant.

None appears to say anything against the complaint case.

Seen the complaint petition and the documents filed by the complainant in support of his case.

It appears from the Xerox copy of the Bill of Samanta Engineering Works, Prop. Bikash Samnta that the OP received Rs. 12,299/- for delivery of a collapsible gate and also some other items. The OP did not appear to contest the case. So, we have no other alternative but to hold that the complainant has been able to prove his case ex parte against the OP and he is entitled to get the reliefs as prayed for.

Hence, it is

ORDERED

That the CC No. 151 of 2017 be and the same is allowed ex parte against the OP.

The OP is directed to refund the amount of Rs. 12,299/- along with 12% interest thereon p.a. till full realization, compensation for a sum of Rs. 2000/- and litigation cost of  Rs. 1000/-within one month from the date of this order, on failure, the OP will have to pay punitive charge of Rs. 100/- per day till full realization which will be paid to the Consumer Welfare Fund.

Let copy of judgment be supplied to the parties free of cost.