C.F. CASE No.                      :            CC/12/70

COMPLAINANT                  :           Bablu Majumder,

                                    Vill. Chandpur, Sukanta Nagar,

                                    Gayeshpur, P.O. Ananda Nagar,

                                    Dist. Nadia, Pin 741245

• Vs  –

OPPOSITE PARTY              :           National Traders,

                                    Parimal Saha,

                                    Banagram Road,

                                    P.O. Chakdaha,

                                    Dist. Nadia, Pin 741222

PRESENT                : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT

   : SMT REETA ROYCHAUDHURY MALAKAR, MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                         :  24^th May, 2013

:    J U D G M E N T    :

            This is a complaint under Section 12 of the Consumer Protection Act.  The fact of the case to put, in a nutshell, is as below:-

            The complainant, Bablu Majumder went to the OP as per order of the UBI and granted loan to the complainant for purchasing one machine, 103K model, sewing machine and one Akash 130K pico-machine.  The bank gave cheque of Rs. 10,500/- on 07.09.09 which was handed over to the OP, Parimal Saha, National Traders.  Parimal Saha orally undertook to supply both the machines, but he supplied only one machine to the complainant under Unemployed Assistance Scheme. 

The OP was given copy of the complaint by the complainant, Bablu Majumder personally, but the OP, Parimal Saha did not contest the case by filing written version.  Hence, the case is heard ex-parte.

            Perused the bank letter No. KGC/Quotation/108 dtd. 05.02.09 of UBI addressed to National Traders, Chakdaha, Nadia.  We have meticulously perused the documents on record along with the affidavit filed by the complainant. 

The unchallenged testimonies both oral and documentary have put the case of the complainant that Parimal Saha, the owner of National Traders had been and has been harassing him since loan.  The machines as per estimate of UBI were not supplied to him in spite of payment by cheque.  Hence, justice demands that an order should be made in favour of the complainant to compensate.  There should be replacement of defective machine by the OP. 

Hence,

Ordered,

that the case, CC/12/70 be and the same is decreed ex-parte. 

The OP, Parimal Saha is directed to supply 103K Sewing Machine (New) and Akash 130K pico-machine as per cash memo dtd. 05.02.09 issued by National Traders, Banagram Road, Chakdaha, Nadia.  The complainant shall return the defective machines on receipt of the above mentioned two machines within a month from the date of this order. 

The opposite party is also directed to pay Rs. 2,000/- as compensation for harassment caused to Bablu Majumder, complainant along with cost of Rs. 1,000/- totaling Rs. 3,000/- failing which the amount shall carry interest @ 10% per annum since this date till the date of realization of the full amount. 

Let a copy of this judgment be delivered to the parties free of cost.