West Bengal

Paschim Midnapore

CC/99/2013

SK. Ali Box - Complainant(s)

Versus

Sahabuddin Ahmed - Opp.Party(s)

26 Nov 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.99/2013                                                         Date of disposal 26 /11/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER : 

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

    For the Complainant/Petitioner/Plaintiff : Mr. R. K. Pan, Advocate.

    For the Defendant/O.P.S.                        : Mr. S. Maity & Mr. A. Maity, Advocate.                                   

          

    SK Ali Box, S/o Late Sk. Abbas, Vill. & Post- Lowada, P.S. Debra, Dist- Paschim Medinipur, PIN 721136, West Bengal…………..Complainant

                                                           Vs.

1. Sahabuddin Ahmed, Advocate, Vill. & Post – Baichberia, P.S. Nandakumar Tamluk, Dist Purba Medinipur, PIN-721649,
2. Abdul Rahaman, S/o Mohiruddin, Vill. Lakshya, P.O. Kumarara, P.S. Mahisadal, Dist- Purba Medinipur, Pin-721650..……………Ops.

          The case of the complainant SK. Ali Box, in short, is that the Op No.1 Sahabuddin Ahmed, Advocate was given 60000/- (Sixty thousand) only in his Savings Bank account No.0186010169081, United Bank of India in two installments on 26/09/11 & 12/10/11 on condition that Op No.1 shall paid necessary step for realizing the complainant on bail.  But Op No.1 avoided to do so by fraudulent means and fabricated demand.  For this cause, the complainant claimed refund of the said amount.  But the Op No.1 refused to do so.  Ultimately, the complainant has come before us for relief in terms of the prayer mentioned in his complaint.  In order to prove the case of the complainant submitted the counter part of the pay-in-slip, Advocate notice alongwith its envelope and other documents as per firisty.

           The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action and the same is barred for misjoinder and non-joinder of parties.  It is stated that, Op No.1 was engaged as an Advocate for looking after the litigation of the complainant.  Alleged assurance for bail is denied by the Op.  After going through the documents

Contd……………P/2

 

 

-( 2 ) -

  Op No.1 asked for payment of 70000/- (Seventy thousand) only is required for engaging another Advocate Sib Shankar Banerjee and accordingly Op No.1 made the payment.  Rather, the balance payment of 10000/- (Ten thousand) only should be payable by the complainant.  So, the case is nothing but for the purpose of harassing to the OP No.1.  Thus, the case should be dismissed.

         Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?
2. Whether the complainant has any cause of action for presentation of this petition of complaint?
3. Whether the complainant is entitled for getting relief as prayed for.?

 

Decision with reasons

Issue Nos.1 to 3:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              It is submitted by the complainant that he has made due payment to the Op No.1 Sahabuddin Ahmed in his Savings Bank Account for the purpose of hiring and getting professional service from him.  But unfortunately, the complainant suffered harassment in the way of getting no service from the Op.  So, the OP is liable for refund of the said payment.  But despite repeated persuasion even by several letters, the Op did not make refund of the money.  Though he admitted the receipt of the payment by making written reply.  In this connection, the complainant produced documentary evidence before us namely counter foil of the pay-in- slip dated 26/09/2011 & 12/10/2011 bearing deposit stamp of the Bank.  Thus, the complainant prays before us for passing necessary direction to the Op for payment of sum of 60000/- (Sixty thousand) only plus interest thereof alongwith further payment of  200000/- (Two lakhs) only for the cause of harassment.

        In this connection, the Op made challenge in his written objection that he has engaged legal experts in favour of the complainant so that the latter may get his desired service and on that account the Op made further expense to the extent of 10000/- (Ten thousand) only in addition to the fees 60000/- (Sixty thousand) only.  So, the complainant is not entitled to get refund of  60000/- (Sixty thousand) only, rather, he is to pay the excess cost of 10000/- (Ten thousand) only.  In view of the matter the case should be dismissed.

        We have carefully considered the entire case.  It appears that there is no dispute as regard to the payment of 60000/- (Sixty thousand) only made by the complainant in favour of the Op.  But the question is to determine whether necessary service was given to the complainant against

Contd……………P/3

 

 

-( 3 ) -

 such payment.  To this question, we do not find any cogent evidence to accept the plea of the Op for the purpose of reasonable justification of the charges received by him from the complainant. 

        Under the facts and circumstances, it is held and decided that the complainant is entitled to get relief as prayed for.  Thus, the issues are disposed of accordingly.

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is allowed  on contest  without cost.

      The complainant do get and order of payment of 60000/- (Sixty thousand) only payable by the Op within 30 days, in default, the amount shall accrue interest @ 10% p.a. till the date of payment w.e.f. the date of filing of this case 1/08/2013 till its realization.

      Copy of the order be supplied to the complainant free of cost.

Dictated & Corrected by me

              

         President                          Member              Member                             President

                                                                                                                  District Forum

                                                                                                                Paschim Medinipur.