West Bengal

South 24 Parganas

CC/6/2015

Shakti Pada Ganguly, alias Mr. Ashim Ganguly. - Complainant(s)

Versus

MS. Sanghamitra Mazumder, Proprietor of M/S Built Creete ,Consultancy - Engineering - Construction. - Opp.Party(s)

Atanu Seal.

06 Apr 2015

ORDER

     DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _6_ OF ___2015_____

 

DATE OF FILING : 6.1.2015_     DATE OF PASSING JUDGEMENT:_6.4.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :    Shakti Pada Gunguly @ Mr. Ashim Ganguly of

            2/6, Biren Roy Road(East), P.S. Haridevpur, Kolkata – 8.

 

-VERSUS  -

 

O.P/O.Ps                                 :  Ms. Sanghamitra Mazumder, Prop. Of M/s Built Creete,

                                                   Office at 335, Madurdaha, Hussainpur, Kolkata – 107 and also at

                                                   192, Garfa Main Road, Kolkata – 78.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

             This is an application under Section 12 of the C.P Act, 1986 filed by the complainant.

            It is the short case of the complainant that he placed work order to O.P to install lift at his own occupation at his residential three storied building situated at 2/6, Biren Roy Road(East), Kolkata – 8 and made payment to the tune of Rs.6,72,500/- in favour of the O.P time to time towards the cost of installation of lift , the receipt of which has been acknowledged by the O.P regularly. It has further stated that suddenly the O.P stopped the work and installation of Lift without assigning any valid and cogent ground. Inspite of repeated requests and reminders the O.P is deliberately avoiding to complete the said work and hence the case.

 

                                                                        Decision with reasons

            Inspite of best and efforts and issuance of service of summon the O.P deliberately failed and neglected to appear in this case which amounts to deficiency in service because the O.P has thought that they have no room before the Forum to ventilate their grievance ,since they have accepted the money for the purpose of installation of lift from peace loving senior citizens.

            We have perused all the documents i.e. money receipt and terms and condition of the work and found that the O.P has stopped the work for the reasons best known to him and did not file any objection. So, we have nothing to disbelieve the allegation leveled against the O.P.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act is allowed exparte.

The O.P is directed to refund Rs.6,72,500/- together with interest @9% p.a from the date of passing order till its realization.

The O.P is further directed to pay Rs. 1 lacs towards the compensation for harassment of the complainant and further to pay Rs.2000/- towards the litigation cost within 30 days from this date, failing which the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be sent to the O.P through speed post from this Forum positively for strict compliance and another free copy of the order be given to the complainant for his doing the needful in the matter.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Member                                                           President

Dictated and corrected by me

 

 

 

                        President

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the application under section 12 of the C.P Act is allowed exparte.

The O.P is directed to refund Rs.6,72,500/- together with interest @9% p.a from the date of passing order till its realization.

The O.P is further directed to pay Rs. 1 lacs towards the compensation for harassment of the complainant and further to pay Rs.2000/- towards the litigation cost within 30 days from this date, failing which the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be sent to the O.P through speed post from this Forum positively for strict compliance and another free copy of the order be given to the complainant for his doing the needful in the matter.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Member                                                           President