This is a case against OP No. 1, Mijanur Mallick, the owner of M.I.A.S. Brick Field, Chapra, Nadia and OP No. 2, Unis Ali Sk, S/o Ershad Sk filed by the following complainants:-
- Ismail Molla, S/o Omar Ali Molla
- Habu Sk, S/o Pacha Sk.
- Naskar Ali Mandal, S/o Late Dola Mandal
- Rafikul Islam Mandal, S/o Niyat Mandal,
- Sirajul Mandal, S/o Late Juba Mandal,
- Safi Mandal, S/o Niyat Ali Mandal,
- Mirjan Ali Mandal, alias Mirjan, S/o Late Elahi Ali Mandal
The facts of this case are as under:-
Complainant No. 1, Ismail Molla paid Rs. 15,000/-on 10.09.11, Rs. 15,000/- on 15.09.11, Rs.21,850/- on 19.10.11 & Rs. 33,000/- on 27.12.11 for purchasing certain amounts of bricks from the OP No. 1. OP No. 1 also paid 2 lakh on 25.02.11 & Rs. 85,000/- on 13.07.11 as loan to the OP. Hence, the petitioner is not a consumer under the OP in respect of the loan which he paid with an expectation to earn a profit.
Complainant No. 2, Habu Sk paid Rs. 7,000/- on 29.01.12 for purchasing certain amounts of bricks from the OP No. 1.
Complainant No. 3, Naskar Ali Mandal paid Rs. 20,000/- on 22.09.11 for purchasing certain amounts of bricks from the OP No. 1.
The case of complainant No. 4 is not maintainable because he paid Rs. 2,00,000/- as loan to OP No. 1 & hence is not a consumer under the OP.
Complainant No. 5, Sirafat Mandal paid Rs. 17,500 on 07.06.11.
Complainant No. 6, Safi Mandal paid Rs. 70,000/- on 07.10.11 for purchasing certain amounts of bricks from the OP No. 1.
Complainant No. 7, Mirjan Ali Mandal paid Rs. 6,000/- on 27.12.11 for purchasing certain amounts of bricks from the OP No. 1.
The money was received by the OP No. 1 as per the receipts filed before this Forum, but the bricks were not supplied to the complainants.
Hence, the complainants had to knock at the door of the Forum on 19.02.15 by filing a complaint.
The complainants have filed themselves an affidavit each in support of their claim and appeared as PWs.
The unchallenged testimony of the complainants have proved the case of the complainants No. 2, 3, 5, 6, 7 & partly complainant No. 1 that they paid aforesaid amounts to the OP No. 1, but he neither paid back the money nor supplied the bricks.
Complainant No. 4 paid Rs. 1,50,000/- to the OP & the latter promised to repay Rs.2,02,500/-. So here the petition is not a consumer under the OP. Hence, the case is not maintainable.
Hence, the complainants are entitled to get a decree and they are also entitled to get interest @ Rs. 5% per month upon the amount from the date of filing the case till the date of realization. The complainants are also entitled to get Rs. 500/- each by way of compensation for their harassment.
Hence,
Ordered,
That the case, CC/2015/23 be and the same is decreed ex parte. The OP No. 1, Mijanur Mallick is directed to pay Rs. 84,850/- to the complainant No. 1, Rs. 7,000/- to the complainant No. 2, Rs. 20,000/- to complainant No.3, Rs. 17,500/- to complainant No. 5, Rs. 70,000/- to complainant No. 6 & Rs. 6,000/- to complainant No. 7 plus interest @ Rs. 5% per month upon the amount from the date of filing the case till the date of realization along with Rs. 500/- as compensation to each of the complainants within 04.11.2015.
