This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant for the purpose of repairing work in the complainant’s building complainant entered into an agreement with OP on 16-06-2011 and total value of the said work is Rs.51,000/- and as per said agreement complainant paid Rs.48,000/- and due amount i.e. Rs.3,000/-is still unpaid. 

          Fact remains on receipt of Rs.48,000/- out of Rs.51,000/- for repairing work Op did not take any action as per  agreement and verbally as per agreement and on several requests OP agreed to refund the entire amount of Rs.48,000/- on 27-12-2013 but till date OP has not refund it to the complainant and no work has been done as per agreement and due to such negligent manner of service of the OP complainant wrote a letter to the Op on 01-01-2014 and 27-06-2014 through speed post.  OP received the same in time but no action has been taken by the OP.

          Due to non-payment of the complainant’s amount complainant suffers los and also he has been harassed mentally and financially by the OP and for deficient and negligent manner of service and also for deceiving the complainant in such a manner complainant has prayed for relief with a prayer to direct the OP to pay the said amount along with interest compensation etc.

          On the other hand, notice upon the OP was duly served and one Asok Kumar Mitra appeared on behalf of the OP Sanjay Kumar Das but he did not file any written objection or written version or did not pray for any further time, accordingly, the case is heard ex parte.

Decision with Reasons

On proper consideration of the complaint including submission of the complainant and his Ld. Lawyer it is found that complainant has proved the agreement with the OP regarding repairing works of the premises of the complainant in respect of No.64, Prem Chand Boral St, Kolkata – 700 012 and from the said agreement it is also proved that Rs.51,000/- was fixed as final amount for repairing work and complainant no doubt paid Rs.8,000/- out of Rs.51,000/- but no work has been done when complainant sent letter by speed post to the OP Sanjay Das on 31-01-2014 and 27-06-2014 and those letters were duly served but OP did not repay the same and fact remains Gita Das received the second letter dated 27-06-2014 and whereas OP received the letter dated 31-01-2014 but OP did not received or refund the sum.

          Another fact is that OP appeared through the Ld. Lawyer but did not file any written statement and when the case was fixed for ex parte hearing complainant was directed to sent copy of e-chief to the OP that was also received by the OP and that was sent on 17-03-2015 but even after receipt of e-chief by the OP, OP did not turn up for taking such action and to deny the claim of the complainant and considering that situation we are convinced that OP has realized that it is impossible for him to deny the case for which even after receipt of notice, even after receipt of e-chief and also receipt of demand notice of the complainant prior to filing of this case OP kept mum and did not deny anyway the allegation of the complainant and in the above situation relying upon the unchallenged testimony and documents as filed by the complainant and also the copy of the agreement dated 16-06-2011 it is clear that complainant paid Rs.48,000/- for repairing work in their dwelling house at 64, Prem Chand Boral Street.  Truth is that complainant paid Rs.48,000/- out of Rs.51,000/- and Sanjay Das received that amount on different dates and executed such contract form on 16-06-2011 but did not completed that work which is no doubt negligent and deficient manner of service and at the same time a deceitful manner of service on the part of the OP.

          Considering all the above facts and circumstances, we are convinced and inclined to say that complainant’s allegation is proved beyond any manner of doubt no doubt in ex parte form by reliable and believable and documents and deficient, negligent and deceitful manner of service on the part of the OPis also proved so, complainant is entitled to get relief as prayed for.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a cost of Rs.5,000/-.

          OP is directed to refund the amount of Rs.48,000/- along with compensation of Rs.12,000/- to the complainant for harassing the complainant and for his loss of interest for last 4 years.

          So, OP is directed to pay total Rs.65,000/- within one month from the date of this order failing for non-compliance of the Forum’s order penal interest  at the rate100/- per day shall be assessed till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.  Even if it is found that OP is reluctant to comply the order in that case penal proceeding u/s.27 of the C.P. Act shall be started against him for which further penalty and fine may be imposed.