Ld. Advocate(s)

                   For Complainant: Makbul Rahaman

                   For OP/OPs : None

Date of filing of the case                    :30.07.2019

Date of Disposal  of the case            : 01.06.2023

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Final Order / Judgment dtd.01.06.2023

Complainant above named filed this complaint against the aforesaid opposite party u/s 12 of the Consumer Protection Act, 1986 praying for refund of Rs.5074/-, interest @ 12% per annum over the aforesaid amount, compensation amounting to Rs.30,000/- and cost of case.

He alleged in the petition of complaint that OP is a service centre who used to give service of Kitchen Chimney. He offered that servicing to the complainant in respect of his Kitchen Chimney and complainant agreed to get service from the OP. Accordingly, complainant paid Rs.5074/- as service charge for two years. OP was agreed to give service on March, 2018, July, 2018, November, 2018, March, 2019, July, 2019, November, 2019. But the OP did not give any service to the complainant as a result her Chimney was stopped.  Hence, he filed this case.

On perusal of order no.3 dated 03.03.2020, we find that case is running ex-parte against the OP.

Trial

During trial complainant filed affidavit in chief.

Brief Notes of Argument

                    Complainant filed BNA.

                   Complainant filed original document dated 02.11.2017.

Decision with Reasons

We have carefully gone through the petition of complaint, affidavit in chief on record, documents on record and BNA filed by the complainant. We have carefully considered the same.

Complainant alleged that an agreement took place in between he and the OP. In terms of the said agreement one document dated 02.11.2017 was prepared. OP had received Rs.5074/- from the  complainant and he was agreed to  provide service, in respect of the Kitchen Chimney of the complainant on March, 2018, July, 2018, November, 2018, March, 2019, July, 2019, November, 2019.

 But complainant has alleged that OP had received the contract money amounting to Rs.5074/- for him but he did not provide any service in favour of the complainant. Perused the document dated 02.11.2017 said document is an agreement cum money receipt. As per said document OP came with an agreement with the complainant for AMC of his Kitchen Chimney and was agreed to provide servicing, on 6 occasions as stated

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above. But it is the allegation of the complainant that in spite of receipt of aforesaid amount OP did not provide any service, in the favour of the complainant.

Complainant stated said fact by filing affidavit in chief which is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.

Placing reliance bound the said document we are of the firmed view that OP has violated the AMC contract with the complainant.

As per record complainant is the consumer and OP is a service provider.

Having regard to the aforesaid discussion we are of the firmed view that OP has violated the AMC contract with the complainant and accordingly complainant is entitled to relief as per aforesaid contract. In the result present case succeeds.

Hence,

It is

Ordered

that the present case be

and same is allowed ex-parte against  the OP with cost of Rs.2,000/-(Rupees Two thousand) to be paid by OP in favour of the complainant.

OP is directed to refund Rs.5074/-(Rupees five thousand seventy four) in favour of the complainant within one month from this date failing which aforesaid amount shall carry interest @ 9% per annum from this day till the date of actual payment and OP is further directed to comply the aforesaid order failing which complainant shall have liberty to put this order into execution.

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OP is further directed to pay Rs.3000/-(Rupees Three thousand) as compensation in favour of the complainant.

Let a copy of this final order be supplied to both the parties as free of costs.

Dictated & corrected by me

 ............................................

                PRESIDENT

(Shri   DAMAN PROSAD BISWAS,)        ..................... ..........................................

                                                                                           PRESIDENT

                                                                        (Shri   DAMAN PROSAD BISWAS,)

We  concur,

                                                                                                    ........................................                                                 .........................................

          MEMBER                                                                MEMBER

        (NIROD  BARAN   ROY  CHOWDHURY)                         (MALLIKA SAMADDAR)