This complaint case is filed by one Sri Ranjan Patranabish against Sri Sadhan Bose, praying for a direction upon the OP to complete the entrusted job and also for return of the entire amount with interest and damages and for payment of Rs. 1,20,000/- for harassment and mental agony caused by the OP.

               Briefly, case of the Complainant, is that, he assigned the job of fixing glass shutter in his verandha upon the OP and entered into an agreement with him for this purpose and made an advance payment of Rs. 20,000/- to the OP on 08-07-2014 out of total consideration of Rs. 64,000/-.  On being approached by the OP, Complainant made a further payment of Rs. 30,000/-.  However, despite such payment, the OP has not completed the job.  Hence, this case.

               On the basis of above facts, the case was admitted and notice duly served upon the OP.  However, the OP did not turn up before this Forum.  So, this case was heard ex parte.

                Point for consideration is whether the Complainant is entitled to the relief or not.

                                                                             Decision with reasons

                 It is claimed by the Complainant that out of the total consideration money of Rs. 64,000/-, he has paid a sum of Rs. 50,000/- to the OP.  In support of his claim, he has furnished photocopy of a letter dated 08-10-2015, whereby the OP acknowledged receipt of the aforesaid amount from the Complainant.  It further transpires from the said purported letter that the job was scheduled to be completed by 08-11-2015, which allegedly did not happen. 

             There being no rebuttal of the aforesaid statement of the Complainant from the side of the OP, we see no reason to call in question the authenticity of the purported letter dated 08-10-2015 as placed on record by the Complainant.  Apparently, the OP has not fixed the grills as ordered which clearly indicates gross deficiency in service on his part.

                Given that, it is long time since the order was placed upon the OP by the Complainant, indications are ripe that he is not at all interested to do it.  Accordingly, we are opinion that OP should return the entire advance money, i.e., Rs. 50,000/- to the Complainant.

Hence,

O R D E R E D

that CC/273/2016 be and the same is allowed in part ex parte against the OP.  The OP is directed to return Rs. 50,000/- to the Complainant that he has received from him as advance within two months of this order, i.d., the same would carry an interest @ 10% p.a. from this day till full and final payment is made.