IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/144/2019.

 Date of Filing:                    Date of Admission:            Date of Disposal:

   26.09.19                                         05.11.19                                    21.06.2022

Complainant: Tarun Kumar Deb

S/O Tapas Kumar Deb, Vill. Omrahaganj,

 PO& PS And Dist. Murshidabad - 742149.

                                         -Vs-

Opposite Party: Mujibur Rahaman,

 Prop. Of Rahaman Sea Food Exports Ltd.

471/1 Gulam Jilani Khan Road,

Topsia, Kolkata -700039.

Agent/Advocate for the Complainant                 : J Bhattacharya

Agent/Advocate for the Opposite Party No.1      : None

   Present:   Sri Ajay Kumar Das………………………….......President.     

                     Sri. Subir Sinha Roy……………………………….Member.                        

                     Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   Sri.ajay kumar das, presiding member.

This is a complaint under section 12 of the CP Act, 1986.

                 One Tarun Kr. Deb (here in after referred to as the Complainant) filed the case against Mujibur Rahaman (here in after referred to as the OP) praying for compensation alleging deficiency in service.

The material facts giving rise to file the complaint are that:-

                             The Complainant Paid to OP Rs. 10,00,000/- in two installments of Rs. 5,00,000/- each on 07.05.18 vide his cheque No. 012857 and 012856 from his ICICI Bank A/C No. 052701503748 to OPs SBI A/C No. 30478333680, IFSC Code-SBIN0001971 as per agreement with the OP for construction of his ‘fish cold storage room’ at Omrahaganj, near the house of the Complainant but till to day OP has not constructed the same. The Complainant on several times has requested OP to construct the fish cold storage or to refund the amount with up to date interest but till today OP never answered him properly or paid the amount.

                             The Complainant sent Advocates notice on 14.08.19 requesting OP to pay Rs.10,00,000/-/- with up to date interest within fifteen days from the date of receiving the letter but no fruitful result. So there is a deficiency of service on the part of the OP and as such the Complainant have been compelled to move before the Hon’ble Forum.

                             Considering no other alternative the Complainant filed the instant case for appropriate relief before this Commission.

                             The OP took notice but did not turn up for the reason best known to him. So, the case proceeded ex-parte against the OP.

Decision with Reasons:

                             It is required to be mentioned at the very outset that the Complainant has not taken steps for long period on 23.04.20, 08.09.20, 08.10.20, 22.12.20, 25.02.21, 04.05.21, 05.07.21 and 28.10.21. Such being the position we are of the view that the instant case is required to be disposed of on merit.

                             The Complainant has stated in his complaint that he paid to the OP Rs. 10,00,000/- in two installments of Rs. 5,00,000/- each on 07.05.18 vide his cheque No. 012857 and 012856 from his ICICI Bank A/C No. 052701503748 to OPs SBI A/C No. 30478333680, IFSC Code-SBIN0001971 as per agreement with the OP for construction of his ‘fish cold storage room’ at Omrahaganj, near the house of the Complainant but till to day OP has not constructed the same. The Complainant on several times has requested OP to construct the fish cold storage or to refund the amount with up to date interest but till today OP never answered him properly or paid the amount.

                             In the instant case though the Complainant has stated the fact of agreement but no such agreement is produced before this Forum. Such being the position, we are not in a position to decide whether the Complainant paid Rs.10,00,000/- in connection with the ‘’Fish Cold Storage Room’’ or not. Moreover, the Complainant has stated in his complaint that he paid Rs.10,00,000/- in two installments of Rs.5,00,000/- each on 07.05.18. Here we find that the Complainant paid Rs.10,00,000/- in two installments on 07.05.18. The statement of the Complainant is absurd.

                             In view of the matter discussed above, we are of the view that the Complainant has failed to establish his case and as such the instant complaint case is liable to be dismissed.

Reasons for delay

The Case was filed on 26.09.19 and admitted on 05.11.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

    In the result, the Consumer case fails.

     Fees paid are correct. Hence, it is

                                                                 Ordered

that the complaint Case No. CC/144/2019 be and the same is dismissed against the OP without costs.

     Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in