DATE OF FILING : 11-12-2012.
DATE OF S/R : 11-01-2013.
DATE OF FINAL ORDER : 19-03-2013.
Smt. Chhaya Rakshit,
W/o Late Ram Chandra Rakshit,
Howrah Ichapur, Sumochanditala Mandir,
P.S. Jagacha, Dist. Howrah, PIN-711 104. ------------------------------- COMPLAINANT.
Versus -
S. K. Electrical Company
Sanjdiya, 4th Floor,
5, Pannajhil, Barrackpore Road,
P.O. Noapara, Barasat, Kolkata-700 125. ---------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case is filed U/S 12 of the C.P. Act, 1986 by the complainant Smt. Chhaya Rakshit against the O.P. S. K. Electrical Company praying for direction upon the O.P. to refund the amount of Rs. 50,000/- with interest as the same was advanced to the O.P. as per the Agreement for installation of Broadband Tower in the schedule property owned by the complainant and for compensation of Rs.50,000/-. The ultimately did not install the said tower and nor refund the advanced amount. Hence, this complaint.
Notice was sent to the O.P. but it returned unserved with the postal remark “Left without any address”. In view of the latest position of Law, “Left” is a good service as the O.P. did not leave his ongoing address. So, the complaint was heard ex-parte.
Point arose for determination
Whether the complainant is entitled to the relief as prayed for ?
Decision with reason
As per the Agreement the complainant deposited Rs.50,000/- to the O.P. company out of agreed amount of Rs.64,000/-. The Money Receipt dated 05/08/2011 reflects that the O.P. company received Rs. 50,000/- vide cheque No. 291796 from the complainant. The amount of the Agreement further reflects that the O.P. company entered into an Agreement with the complainant for installing the tower in the land of the complainant. As the O.P. company ultimately did not install the tower, nor did refund the deposited amount, we think the O.P. committed gross deficiency in service and practiced unfair trade with the complainant.
So, it is fit case for granting relief to the complainant.
Hence,
Ordered
that the C. C. Case No.-165 of 2012 is allowed ex-parte with costs against the O.P.
The O.P. be directed to refund Rs.50,000/- to the complainant. Within 30 days from the date of this order together with the statutory interest @ 9% p.a. since August, 2011 till full satisfaction.
The O.P. do pay a further sum of Rs.50,000/- as compensation to the complainant for causing mental pain, agony and prolonged harassment.
The complainant is also entitled to a litigation cost of Rs.5,000/- from the O.P.
The complainant is at liberty to put the Decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
