West Bengal

South 24 Parganas

CC/43/2015

Ashim Kumar Giri, S/O Nilkanta Giri. - Complainant(s)

Versus

Saree Palace. - Opp.Party(s)

24 Apr 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _43_ OF ___2015____

 

 DATE OF FILING : 22.1.2015_     DATE OF PASSING JUDGEMENT:__24.4.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : Ashim Kumar Giri, s/o late Nilkanta Giri, Vill. Vivekananda Pally,

                                                  P.O & P.S Soanrpur, South 24-Prganas, Kolkata – 150.

 

-VERSUS  -

 

O.P/O.Ps                                : Saree Palace, Sonarpur Station Road, P.O & P.S Sonarpur,

                                                 South 24-Parganas, Kolkata – 150.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

The case of the complainant in brief is that  he intends to purchase a garment amounting to Rs.801.00 from O.P-1 through S.B.I Credit Card. But after swiping the Card the O.P informed him that the server is showing error through his machine. He swiped twice but the server showed error again. Incidentally the complainant noticed that an SMS in his mobile showing that “Transaction of Rs.8 01.00 made on SBI Card X0077 at Saree Palace (O.P-1) on December 2013”. The same message he received after the card was swiped in second time. So an amount of Rs.1602/- has been debited from his account. The O.P denied to hand over the article as well as the money and asked to visit him on the next day so that he can check his account. After checking his account O.P agreed to refund the same to the complainant and accordingly O.P refunded Rs.801/- thro0ugh bank transfer and assured that the balance amount will be refunded shortly which he did not refund after repeated requests  not even through Consumer Affairs and Fair Business Practices. Hence, the case.

            The O.P fought shy to contest the case.

            The complainant filed some documents.

 

 

          

                                                                        Decision with reasons

            From the unchallenged testimony of the complainant the case of the complainant is proved. By not refunding the amount of Rs.801/- the O.P is doing an unfair trade practice. This type of businessmen are the black sheep in the community. They are doing their business by harassing the buyers for their benefit.

            The consumer has got fade up for the last two years by breaking his head to get justice. So, he is entitled to get compensation for his mental agony and physical harassment.

            Hence,

                                                            Ordered

That the case being C.C.no. 43 of 2015 be and the same is decreed exparte against O.P with a cost of Rs.5000/-.

The O.P is directed to refund Rs.801/- with 10% interest from 20.12.2013 till realization.

            The O.P is directed to pay Rs.20,000/- to the complainant as compensation for his mental agony and harassment within one month from this day, failing which, the entire amounts of Rs.25,801/- plus interest of Rs.801/- from 20.12.2013 (separately)  will be carried further interest @10% p.a  till realization.

Let a copy of this order be served upon the parties free of cost.

                                                                                                                             

                                                            Member                                               President

 

Dictated and corrected by me

           

                        Member

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the case being C.C.no. 43 of 2015 be and the same is decreed exparte against O.P with a cost of Rs.5000/-.

The O.P is directed to refund Rs.801/- with 10% interest from 20.12.2013 till realization.

            The O.P is directed to pay Rs.20,000/- to the complainant as compensation for his mental agony and harassment within one month from this day, failing which, the entire amounts of Rs.25,801/- plus interest of Rs.801/- from 20.12.2013 (separately)  will be carried further interest @10% p.a  till realization.

Let a copy of this order be served upon the parties free of cost.

                                                                                                                              

                                                            Member                                               President