For the Complainant                       - Mr. Tapas Paul, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

Brief facts of the case are that the complainant booked three mattress and three protector with the OP. The total cost of the mattress and its protectors was Rs. 1,02,000/-. The complainant paid Rs. 1,00,000/- through  credit card and Rs. 2,000/- by cash to the OP against proper receipt. The OP promised to deliver the booked items within 10/12 days from the date of booking. Ultimately, the OP failed to deliver the booked items and also issued three cheques bearing Nos. 002330, 002331 and 002332 dated 18.05.2019, 23.05.2019 and 27.05.2019 respectively for Rs. 32,000/-, Rs. 35,000/- and Rs. 35,000/- drawn on Citi Union Bank Ltd., Kolkata to the complainant. Those cheques were dishonored. Having no other alternative, complainant issued legal notice dated 14.06.2019 to the OP, such notice was unattended. OP is deficient in service and the attitude of the OP is tantamount to unfair trade practice. Hence, the consumer complaint.

OP despite service of notice of the complaint has failed to file WV within the limitation provided U/s. 13 (2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing W.V. was made. Therefore, the right of the OP to file WV was closed vide proceedings dated 08.11.2019.

Decision with Reasons

Complainant Dr. Prosenjit Mondal has filed his evidence by way of affidavit supporting the allegations made in the complainant. Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced in support of the complainant.  

On perusal of the photocopy of credit card statement of HDFC Bank, it is evident that complainant transferred Rs. 1,00,000/- to the OP on 27.03.2019. Complainant has placed on record photocopy of receipt issued by the OP to the effect that he had booked three mattress and three protectors with the OP and full amount of booked items was paid on 27.03.2019. From the above document, it is clear that the OP will deliver the booked items within 10/12 days from the date of booking.

The grievance of the complainant is that the OP failed and neglected to deliver the booked items within the stipulated period despite several request and ultimately, issued three cheques bearing Nos. 002330, 002331 and 002332 dated 18.05.2019 23.05.2019 and 27.05.2019 for Rs. 32,000/-, Rs. 35,000/- and Rs. 35,000/- respectively drawn on Citi Union Bank Ltd. Kolkata in his favour and those cheques were dishonored due to RET account blocked. Even the OP ignored to reply the legal notice dated 14.06.2019. The complainant failed to furnish “Return Memo” issued by HDFC Bank Ltd., Salt Lake City Branch to establish that those cheques were dishonored on 28.05.2019.

In absence of Return Memo of HDFC Bank Ltd. Salt Lake City Branch, this Forum cannot conclude that three cheques issued by the OP in favour of the complainant were dishonored. Facts which can be proved by documentary evidence, cannot be accepted on the basis of oral evidence. Oral testimony is required to be made to prove the fact which cannot be proved by way of document. Contention of the complainant is based on document (Return Memo of HDFC Bank Ltd. Salt Lake City Branch). To deal with this issue, documentary testimony is relevant.

For the reasons stated herein above, the complainant is not entitled to get any relief as prayed for.

In the result, the consumer case fails.

Hence,

Ordered

That the consumer case be and the same is dismissed ex parte against the OP without any litigation cost.