Date of Filing: 10-08-2015 Date of Final Order: 29-01-2015
The instant complaint has been filed by one Sunil Ch. Eshore, Secretary, Acrahat Dishari handicapped Welfare Organization U/ S 12 of the C.P. Act 1986. The fact of case as enumerated from the record is that the Complainant being the secretary of the said organization intends to purchase Uniform for the use of the students of Acrahat Dishari Handicapped School and Training Centre, made contact with the O.P. The Complainant has given an order to supply 102 sets Uniform to the O.P. at the rate 500/- by giving an amount of Rs. 51,000/- through a cheque on 21.01.2015 on condition to supply the same within thirty days. The Opposite Party enchased the said cheque on 30.01.2015 and issued a receipt in favour of the Complainant with assurance to provide proper service to the Complainant but did not supply the said 500 sets of uniform even after elapsing the considerable period. The Complainant made several contact, request to the O.P. but he did not pay any heed to it. Facing the horrible situation of the Student of his organization the Complainant sent a Legal Notice to the O.P. No. 2 on 27.04.2015 but no positive result came out even after receiving the said letter by the Opposite Parties. By not getting proper service in due time from the end the Opposite Parties the student of the Complainant’s organization faced a great trouble that tantamount to deficiency in service for which the Complainant compelled to file the present case before this Forum seeking proper redress and relief.
In the instant case despite receiving the notice none appear on behalf of the Opposite Parties for which the matter was heard in Ex-Parte.
POINTS FOR CONSIDERATION
In the light of the materials made available in the record, the following points necessarily came up for consideration.
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASON
Point No. 1
The Complainant intended to purchase 102 sets of School Uniform for the students of his organization paid certain amount to the O.P. for availing proper service in due time. Thus, the relation of the Complainant with the O.P. so established from the record we are convinced to hold that the Complainant is a “Consumer” as per section 2(1)(d)(ii) of the C.P. Act, 1986.
Point No.2
The residence & Place of Business of the O.P. is within the district of Cooch Behar. The value of the case is within the limit of Rs.20,000,00/-. So, this Forum has territorial as well as pecuniary jurisdiction to entertain and try the instant case.
Point No. 3
We have gone through the record very carefully; peruse the entire documents marked as A, A1 and B in the record also heard the argument of the Complainant in full.
On giving a close look to Annexure “A”, the Cash Memo of the P.G. Garments & Tailors it appears that one Mithu Barman i.e. the O.P. No. 2 received 51,000/- from the Complainant on behalf of the O.P. No. 1 as charge of making 102 sets uniform at the rate 500/- per set. The order/payment was received by the O.P. No.2 on 21.01.2015 and the delivery date was written at the bottom is 28.02.2015 with a note “Delivery shall be taken within 30 days”. However, the O.P. did not deliver the uniform even after elapsing so many times that tantamount to deficiency in service also O.Ps running business by adopting Unfair Trade Practice.
It is pertinent to mention that the Opposite Parties did not come forward to contest the case before this Forum in spite of receiving notices of this Forum also did not take any positive step after receiving the Legal notice from the end of the Complainant. The entire allegation of the Complainant is corroborated with the documents supplied by the Complainant. Thus, it can safely be said that the Opposite Parties are guilty of deficiency in service. Further, the Complainant being a secretary of one Handicapped Welfare Organization and its Hostel has a responsibility to look after the convenience of the students/boarders which is totally satire and he suffered mental pain and agony due to the negligence of the Opposite Parties for which deficiency in service of the O.Ps. cannot be ruled out. The Complainant also suffered mental pain and agony by not providing the School Uniform to the students of his organization in their exigency, only for the deficiency of the Opposite Parties that is unpardonable. Moreover, the students are also suffered huge anxiety also did not able to weir uniform during the school hours for the said reason.
Ld. Agent for the Complainant cited a ruling reported in 2013(1) CPR 294 (NC) wherein the National Commission of Delhi please to hold that – Once parties entered into work contract, complainant is entitled to file claim on account of deficiency of service even after termination of contract.
The Complainant filed the present case against the O.Ps for their deficiency in service as even after entered into a work contract the O.Ps failed to deliver the goods within time and till filing the case. Thus, the Complainant is entitled to get remedy before this Forum.
Point No. 4
In the light of foregoing discussion and considering the materials to its entirety, we have no hesitation but to hold our reasoned opinion that the Complainant has been able to prove his case and entitled to get reasonable relief with compensation. Thus, the instant case succeeds on its merit.
ORDER
Hence it is ordered that,
The complaint do succeed and the same is allowed in Ex-parte with cost of Rs. 5000/-, directing the Opposite Parties to return Rs. 51,000/- with interest @9% from 21.01.2015 also Rs. 10,000/- for mental agony and harassment of the Complainant. The O.Ps are further directed to pay the aforesaid amount within 45 days failure of which the O.Ps. shall have to pay Rs. 50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.
A plain copy of this order be made available and be supplied to the representative complainant by hand / Registered post free of cost A/D and also to the opposite party forthwith as per rules.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
