West Bengal

Bankura

CC/71/2018

Jasodananda Roy - Complainant(s)

Versus

Narayan Santikari - Opp.Party(s)

Jayanta Kumar Mukharjee

06 Sep 2022

ORDER

 IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL  COMMISSION,  BANKURA.

          Consumer  Complaint  No. 71 of  2018

Present

      1. Samiran Dutta                                                                                              Ld. President

2. Rina Mukherjee                                                                                           Ld. Member

3. Sudhakar Ghosh                                                                                           Ld. Member

 Jasodanandanandan Roy, S/O- Late Jagabandhu Roy o Kotulpur Uttar Para, Kotulpur, Bankura, Pin-722141 at present residing at Manbazar, (Master Colony), P.O. & P.S. –Manbazar, District Purulia, Pin-723131.…………………...Complainant

                                                                 V e r s u s

 Narayan Santikari, @ Bapi, S/O- Sibram Santikari, of Vill. & P.O.- Kenduadihi, P.O. & Dist Bankura, Pin 722101.    .............……………………………Opposite Party.

FINAL ORDER/JUDGEMENT

C.C. No.71/2018

Order No.26                                                                             

Dt. 06-09-2022

 

The complainant is present in person by filing hazira.

No step is taken by the O.P.

The case is fixed for hearing of the petition on 26-12-2019 filed by the complainant.

Before entering into the facts of the petition it is necessary to state some salient facts of the case. The complainant entered into an agreement with the O.P. for purchase of certain land and the O.P. having failed to fulfill the agreement there was a settlement between the parties before the C.A.&F.B.P., Bankura Region on 03-04-2018 which was reduced into writing duly signed by the parties and the competent authority but the O.P. failed to honour the settlement which compelled him to file the instant case before this Commission. In course of the instant proceeding the O.P. in reference to the aforesaid settlement deposited two A/c Payee Cheques No. being 163584, dated: 15-12-2019 for Rs.1,00,000/- and No.163585, dated: 16-12-2019 for Rs.1,10,000/- drawn on U.B.I., Bankura Branch by filing a petition on 03-12-2019 before this Commission admitting the claim of the complainant. But sorry to say that after presentation of both the Cheques before his Banker both the Cheques were dishonoured due to insuffient fund.

                                                                                                                                                                Contd…….p/2

 

 

Page: 2

In view of the settlement and admission in writing by the O.P. towards the claim of the complainant the instant proceeding need not continue further and it requires to be disposed of by recording the settlement.

Hence it is ordered

That the case is disposed of on settlement by and between the parties creating an obligation on the O.P. to pay Rs.2,10,000/- in all to the complainant. The O.P. has got sufficient opportunity to satisfy the claim of the complainant but he deliberately failed to discharge his obligation by issuing invalid Cheques. The O.P. is directed to comply to fulfill the demand of the complainant towards the settlement by paying the said amount to the complainant positively by 07-12-2022 in default the complainant is at liberty to recover the amount through execution process. Be it specifically mentioned here that if the O.P. issues invalid Cheque he will be liable to prosecution under N.I. Act and this Commission will take care of the complainant by initiating due legal process against the O.P. through the Registrar of this Commission.

Let a copy of this order be handed over to the complainant and the O.P. free of cost. The complainant is directed to serve the copy of this Order upon the O.P. by Speed Post and a compliance report be sent to this Commission forthwith.

 

       __________________                                   ________________                  ________________

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER              HON’BLE    MEMBER