Judgment : Dt.19.6.2017
Mrs. Balaka Chatterjee, Member
This petition of complaint filed under section 12 of C.P.Act by Vijay Krishna Maharaj founder of Bhaktivedanta Gita Foundation against – (1) Positive News, D.B.Production, (2) Dibyendu Bhattacharjee, Chief Reporter, Positive News.
Case of the Complainant in brief is that for the purpose of collection of the fund by attracting public attention to the proposed project for spiritual and social benefit of the local people of village Dhanyakuria under P.S.-Basirhat, Dist.- North 24 Pargana as well as the people in general, the Complainant entered into an agreement on 7.9.2014 with the OP No.2 who is the representative of OP No.1 and Chief Reporter of Positive News unit of OP No.1, for preparation of audio visual CD of interviews with the devotees of the Complainant at the Ashram Campus and to telecast the said CD at the Positive News slot of various T.V. channels on and from 23.9.2014. The agreed amount of consideration is Rs.30,500/- which the Complainant had paid to the OP No.2 by cash and cheque within a period of 7/8 days from 7.9.2014. It is the specific allegation of the Complainant that in spite of receiving the said amount the OPs did neither prepare the CD nor telecast the same in any T.V. Channel. It is further stated by the Complainant that he had been trying to contact to the OP No.2 over telephone and on personal visit since 23.9.2014 but the OP No.2 initially avoided him and subsequently refused to meet. The Complainant, thereafter, lodged a complaint on 19.01.2015 with Tollygunge P.S. and again on 1.4.2015 lodged further complaint with the said P.S. in effect of which the OP No.2 contacted to the office of the Complainant on 19.5.2015 and after a prolong discussion with him he agreed to refund money to the Complainant and handed over an Account Payee cheque of Rs.30,500/- drawn on the State Bank of India, Bansdroni branch on 21.5.2015. The OP No.2 also executed an agreement on 19.5.2015 to the effect whereby he requested the Complainant to present the said cheque after 6.6.2015. In accordance with the terms of the agreement the Complainant presented the said cheque in United Bank of India, Rabindra Sarobar branch on 11.6.2015, but, the same had been returned with the remark ‘insufficient fund’. The Complainant further stated that finally he had served a letter on 16.7.2016 upon the OP No.2 through his Ld. Advocate Mrs. Susmita Bera and receiving the same, the OP No.2 contacted to the Ld. Advocate over phone and fixed an appointment for meeting but ultimately did not turn up. Having no other alternative, the Complainant has filed the instant case praying for a direction upon the OPs to refund a sum of Rs.30,500/- to the Complainant with interest @ 18% p.a., to pay Rs.2,00,000/- towards compensation for suffering from mental pain and Rs.20,000/- towards cost of litigation.
The Complainant annexed Photostat copies of Advocate’s letter dt.16.9.2016, cheque dt.21.5.2015 issued by OP No.2 for an amount of Rs.30,500/-. Inward return memo of U.B.I. money receipts, agreement dt.19.5.2015, copy of complaint dt.19.1.2015 and dt.31.3.2015 lodged with Tollygunge P.S.
Notices were served upon the OPs. But, the OPs did not turn up. And, therefore, vide Order No.6 dt.18.4.2017, the case was fixed for ex-parte hearing.
The Complainant adduced affidavit-in-chief.
Decision with reasons
The Complainant has stated that the OP agreed to telecast a programme by making a CD, in some T.V. channels against a consideration amount of Rs.30,500/- which the Complainant had paid by cheques and by cash. Photostat copies of money receipts show that the said amount had been received by OP No.2. Copy of agreement dt.19.5.2015 entered by and between the Complainant and the OP No.2 shows that the parties agreed that the OP No.2 would refund Rs.30,500/- by a single account payee cheque to the OP No.1 which would be presented on 6.6.2015 for clearance. Copy of the cheque issued by OP No.2 dt.21.5.2015 shows that the OP No.2 issued the cheque in favour of the institute of the Complainant and, thereafter, the inward return memo of the drawee Bank shows that the said cheque was dishonoured due to ‘fund insufficient’.
From the above mentioned documents, it is evident that an amount of Rs.30,500/- which the OP No.2 agreed to refund has not been refunded to the Complainant.
Under such state of affairs, we are of opinion that it will be just and proper if the OP No.2 refunds the Complainant an amount of Rs.30,500/- along with compensation of Rs.5,000/- along with cost of Rs.7,500/-.
In the result, the petition succeeds.
Hence,
ordered
That CC/66/2017 is allowed in part ex-parte.
The OPs are directed to refund Rs.30,500/- within one month from the date of communication of this order.
The OPs are further directed to pay Rs.5,000/- as compensation and Rs.7,500/- towards litigation cost within aforesaid period. Failing which the entire amount shall carry interest @ 10% p.a. for the default period.
