Hon'ble Mr. Haradhan Mukhopadhyay, President.

The case of the Complainant in a nutshell is that Pandit Srikumar Chatterji and Dr. Ashim Das. The Complainant was a Joint Secretary Venus Square Club Celebration Durga Puja Committee, P.O. & Dist- Cooch Behar. The OP Pandit Srikumar Chatterji is a renowned singer and performer. The Complainant intended to organise a musical night cultural function for celebrating golden jubilee years 2015 at the said club premises on 17.10.15 during Durga Puja. So they contacted with the singer Pandit Srikumar Chatterji to which the OP agreed to perform on 17.10.15. Thereafter the Complainant paid Rs.50,000/- to OP as advance money for the said cultural function vide cheque No.048145 dated 17.10.15 and the OP received the said cheque from the Complainant. OP also assured that he will render service. On the subsequent day on the date of performance on 17.10.15 during Durga Puja the said O.P. No.1 did not come with his troupe on the said day at the club premises without giving any intimation to the Complainant about his inability to come. Due to such failure of O.P. No.1, the Complainant suffered injury to its reputation and the dignity and the prestige of the Complainant has been lower down in the society. Due to non appearance of the OP in club the audience of Cooch Behar became furious and used abusive and filthy language and also attacked the club premises. The mob of that night also broken the club building. Thereafter police came and somehow managed the situation. Meanwhile the Complainant tried to contact with the O.P. No.1 but failed and the OP did not pay any heed to the same. Thereafter the Complainant sent a legal notice on 06.11.15 to the O.P. No.1 which he received on 10.11.15 demanding the advance money of Rs.50,000/- from the O.P. No.1. But the O.P. No.1 did not refund the said advance money. Due such activities of the OP, the Complainant suffered mental pain and agony, pecuniary loss and unnecessary harassment and thereby, the O.P. No.1 caused deficiency in service. Hence the present case is filed. The Complainant therefore prayed for a direction to the OP to refund Rs.50,000/- from the Complainant and a further sum of Rs. 5 Lakh as compensation for causing irreparable loss of reputation, a sum of Rs. 4 Lakh for deficiency in service and Rs.10,000/- towards cost of proceedings.

Initially both the O.Ps appeared but they preferred not to contest and as such this Commission by virtue of its order No.37 dated 28.03.19 decided to hear this case ex-parte against O.P. No.1 & 2. Accordingly the case is proceeded ex-parte against both the O.Ps.

The Complainant in order to substantiate the case adduced evidence by filing evidence on affidavit. Perused the evidence on affidavit which is absolutely in consonance with the pleadings of the Complainant.

 The entire evidence of the Complainant stands unchallenged and un-discarded in as much as the case is heard ex-parte against the O.Ps. The Complainant in addition to the evidence on affidavit proved some documents in the form of Annexure. Annexure -A is the money receipt issued by Pandit Srikumar Chatterji in respect of sum of Rs. 50,000/- for performing musical programme on 17.10.15. The said document Annexure-A discloses that the O.P. No.1 received a sum of Rs.50,000/- from the Complainant Venus Square Club, Cooch Behar for performing musical programme alongwith Haimanti Shukla and party on 17.10.15.

The said documentary evidence could not be discarded by the O.Ps through cross-examination or by proving any contrary document.

Annexure-B is the legal notice issued by Advocate Tania Dey to the O.P. No.1 Pandit Srikumar Chatterji on 3.11.15 claiming refund of the said sum of Rs.50,000/-. The O.P. No.1 received the said notice which was sent by registered post as per the track report issued by Superintendent of Post Office, Cooch Behar dated 18.12.15 by means of Annexure- B/1.

Thus the documentary evidence fully corroborates the case of the Complainant.

The Defence side could not make out any defence case either by filing written version or by means of any evidence in the form of evidence on affidavit or documentary evidence.

In the light of the aforesaid evidence on record vis-à-vis the observation made here in above I come to the finding that the Complainant successfully proved the case against the O.Ps ex-parte. Thus after assessing the entire oral and documentary evidence, the Commission is of the view that the case stands proved against the O.Ps ex-parte. Consequently the complaint case succeeds ex-parte against the O.Ps.

Hence, it is

Ordered

That the complaint case No. CC/8/2016 be and the same is allowed ex-parte with cost of Rs.5,000/-.

The Complainant do get an award of Rs.50,000/- towards advanced money, Rs.1 Lakh as compensation for causing harm to the reputation of the Complainant, Rs.1 Lakh for deficiency in service and Rs.5,000/- towards litigation cost.

The O.P. No.1 Pandit Srikumar Chatterji is directed to pay the awarded sum of Rs.2,55,000/- (Two Lakh fifty five thousand) within one month from the date of passing the award failing which the O.P. No.1 shall pay an interest @ 6 % per annum on the awarded money from the date of passing the order till date of realisation.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: Dictated and corrected by me.