Judgment : Dt.10.3.2017
This is a complaint made by Dr. Pramathes Das Mahapatra, Consulting Physician and Director, Medical Education and Research Society of India, residing at 55/1, Shibnath Sastri Sarani, Block-B, New Alipore, Kolkata-700053 against S.F.Enterprise represented by its proprietor Md. Isha, praying for refund of Rs.62,585/-, compensation of Rs.1,00,000/- and Rs.20,000/- as litigation cost.
Facts in brief are that Complainant being a senior gynaecologist and laproscopy surgeon and OP is the proprietor of M/s S. F. Enterprise having its office at Panch Masjid Road, Paschim Para, Thakurpukur, P.S.-Thakurpukur, Kolkata-700 063. Complainant engaged OP for installing aluminium sliding, fixed window, gazing plates. OP raised a bill of Rs.50,280/- for fixation of aluminium window. Complainant paid Rs.9,000/- to OP on 17.5.2016. Thereafter, Complainant purchased three bags of cement. Again, Complainant paid Rs.4,350/- and Rs.1,900/-. Further, Complainant paid Rs.25,000/- and also Rs.15,000/-. So, in total Complainant paid Rs.50,280/-.
OP started working but did not complete the work. Complainant asked OP to complete the work. But, he did not oblige. So, Complainant filed this case.
OP did not appear to contest the allegation and so the case is heard ex-parte.
Decision with reasons:
Complainant files affidavit-in-chief.
Main point for determination is whether Complainant is entitled to the prayers made out in the complaint petition.
On perusal of the documents filed by the Complainant, it appears that Complainant paid Rs.50,280/-. But the work was not done. The allegations of the Complainant remained un-rebutted and un-challenged and so, in our view, the allegation remains proved and Complainant is entitled for refund of the money which he paid.
Hence,
ordered
CC/520/2016 and the same is allowed ex-parte in part. OP is directed to refund Rs.50,280/- within three months of this order, in default the amount shall carry interest of 10% p.a.
