Date of filing   : 08.06.2015

            Date of S/R         : 20.07.2015

            Date of Order     : 15.10.2015

            Gopa Koley,

              W/o  Lt. Samaresh Koley,

              14/9/1 Nasker Para Lane, P.S.- Shibpur,

              District-Howrah-711102………………………………………….Complainant

                                                Vs.

            1) Shri Sanat Roy @ Nola Roy,

               Propreitor of Subhasis Enterprise,

               Residing at 11/3, Gadadhar Mistry Lane,

               P.S. –Shibpur, District-Howrah-711101

           2) Smt. Sumitra Roy, W/o –Sanat Roy,

               Propreitor of Subhasis Enterprise,

               Residing at 11/3, Gadadhar Mistry Lane,

               P.S. –Shibpur, District-Howrah-711101………………………………O.P.s

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak .   

F I N A LO R D E R

            This is an application U/s 12 of the Consumer Protection Act,1986 filed by the Petitioner, Smt. Gopa Koley   against the O.Ps., 1 & 2. , praying a direction upon the O.Ps. to return the unfinished goods or returning  Rs. 50,000/- of the entire sum of Rs. 60,000/- and Rs. 5,000/- as compensation.

            The case of the petitioner is that her husband , Samaresh Koley during his life time gave order to the O.P.s to prepare some  mechanical goods as per his drawing and gave Rs. 60,000/- to the O.P.s on 09.02.2013.  After his demise the petitioner while looking after his business came to know about the drawing on 22.09.2014.   O.P. gave undertaking to return the money as unable to prepare goods and gave Rs. 10,000/- by cheque dated 22.09.2014 .  The O.P.s did not return the rest 50,000/- neither gave delivery of the goods and the same compelled her to file the case.

            Though the notice served upon O.P.s but neither the O.P.s appeared in the case nor deposited any written version and thus the case is heard exparte against them.

            The only point is decided here is whether the petitioner is entitled to get the relief as prayed for ?

Decision with reason

            This Forum heard the ld. Counsel of the petitioner and also had gone through the BNA filed by the petitioner .  In support of her case the petitioner , Smt. Gopa Koley  filed affidavit and documents written by the O.P., Sanat Roy in his office pad wherein an undertaking was given by him that he would pay Rs. 50,000/- and he gave Rs. 10,000/-  by a cheque issued by Smt. Sumitra Roy .  She also filed another documents being her complain before I.C. Chaterjee Hat P.S. alleging such non-payment of money to her.  The oral and documentary evidences proved the case of the petitioner exparte as all this evidences went unchallenged and there is nothing the disbelieve the case of the petitioner.  The facts and circumstances of the case corroborated and confirmed by the oral and documentary evidence of  the petitioner proved her case.

            In  view of above discussion and findings the case of the petitioner succeeds .

            Court fees paid is correct.

Hence,

                                                            Ordered,

That the Consumer Case No.  216/2015 be and the same is allowed exparte against the O.Ps. with cost of Rs. 2000/-.

            The petitioner is entitled to get Rs. 50,000/- being the advanced  amount and the  O.Ps. are directed to pay Rs.50,000/-  to the petitioner and also compensation of Rs. 3,000/-  within 30 days from the date of order failing the petitioner would be at liberty to put order in execution as well as the whole amount would carry interest @ 9%  till realization from the date of this order.

Supply the copy of the order to the parties free of cost. 

Dictated and corrected

by me

     ( B. D. Nanda)

President, C.D.R.F. Howrah