Complainant an Advocate by profession intended to purchase various types of building materials and indoor decorators went to the Proprietor op no.2 of op no. 1 for purchase of the same on 10.10.2014 and work order is given and complainant paid a sum of Rs. 2,000/- in cash as advance on the very date to initiate the works as per estimate.  Thereafter op no.2 asked for payment to the complainant against supplying cost of Tata Sheets & Steel Pipes of different sizes as per measurement of the price of the said shed on the roof top for the extension of his chamber and op no.2 entrusted his father Krishna Prasad Singh to pay him in cash for purchase of different size of iron pipes from the open market through a slip of paper estimated by Rs. 16,320/-  and the complainant considering the urgency to complete the proposed works within Court Puja Holidays paid a sum of Rs. 16,000/- in cash which was acknowledged by granting a receipt.

          Accordingly complainant paid Rs. 18,000/- for such work to the op.  But Peculiar factor is that ops even after receipt of the said amount did not touch for starting the work or to complete the work during Court Puja Holidays.  When complainant was practically surprised and sent a notice on 30.10.2014 under Speed Post to refund the advance amount including the interest.  Op received the same but did not act and also did not start to complete the said work and for which for negligent and deficient manner of service and for causing huge financial loss to the complainant, complainant filed this complaint praying for relief.

          The notice of this complaint was sent to the ops by registered post with A/D on 27.11.2014 and ops received it on 28.11.2014 but thereafter ops did not turn up though the complaint was filed on 16.01.2015.  Thereafter giving a chance op no.2 to file written version etc. but op did not turn up for which complaint was fixed for exparte hearing.

                                                    Decision with reasons

          In the present case complainant practically filed this complaint on 14.11.2014 and it was admitted for further proceeding on 24.11.2014.  Notices were sent by Speed Post with A/D on 17.12.2014 and it was served upon the ops on 28.11.2014 but ops did not turn up to contest this case for which the case is heard exparte.

          Fact remains that time was given to the ops to file written version but it was not filed and thereafter the case is fixed for exparte hearing and filed evidence in chief by the complainant.  Accordingly complainant filed evidence in chief on 29.01.2015 and copy of evidence in chief was served upon the op on 22.01.2015 with Speed Post with A/D and internet result supports that fact.  But even after that op did not turn up and ultimately the case is heard exparte to day finally considering repeated non-appearance of the ops to contest this case.

          On proper consideration of the complaint including the receipt issued by the op in favour of the complainant, in support of payment of Rs. 2,000/- and Rs. 16,000/-, it is clear that complainant paid Rs. 18,000/- to the op for the purpose of constructing his Tinned shed on the roof top of the complainant and as per demand of the op, complainant paid that amount with high hope that during last Court Puja Holidays the said shed shall be completed by the op on top floor of the house of the complainant.  But nothing was done by the op which is proved in view of the fact.  Op got notices of this case but did not turn up.  Thereafter during pendency of this case when complainant filed evidence in chief that was also sent to the op and op received it but did not turn up.

          It indicates that ops realized after receipt of notice and evidence in chief that they have their no defence to defend the allegation of the complainant.  Though op got such chance to deny the allegation of the complainant but that courage has not been shown by the op by appearing himself to file written objection and to contest this case.

          Considering the evidence of the complainant including supportive document that is receipts in support of payment of Rs. 2,000/- and Rs. 16,000/- for such construction work to be made by the op and at the same time the conduct of the ops we are confirmed that evidence along with document in support of the payment of Rs. 18,000/- are no doubt unchallenged testimony for which we have relied upon the same and we are convinced to hold that complainant has produced before this Forum truthful material to believe that complainant did not get proper service from the op even after payment of Rs. 18,000/- and in fact ops did not even touch to start the work.  So, invariably complainant has been able to prove the deficiency and negligence and deceitful manner of business of the op beyond any manner of doubt.

          Accordingly this complaint succeeds.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed on exparte with cost of Rs. 5,000/- against the ops.

          Ops are directed to pay/refund the entire amount of Rs. 18,000/- to the complainant and also for causing mental pain and sufferings of the Ld. Advocate (Complainant), ops shall have to pay a further sum of Rs. 5,000/- to the complainant.

          For adopting deceitful manner of trade by the ops and to save the customer from the hands of such sort of traders in the consumer market, ops are imposed a penal damages of Rs. 5,000/- which shall be paid to this Forum.

          Ops are directed to comply the order within 15 days from the date of this order and to satisfy the decree failing which for each day’s delay, penal interest  at the rateRs. 100/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Even if it is found that ops are unwilling to comply the order, in that case, ops shall be prosecuted u/s 27 of C.P. Act 1986 for which further penalty and fine may be imposed.