Shri Ranjit Rana,

son of Sri Gopal  Chandra Rana,

residing at Amta Bargakhatria Para, Amta,

Howrah..-------------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.    Srei Sahaj E-Village Limited,

       H.R.B.C. Housing Estate,

       Dumorjala Santragachi,

       Howrah – 711104.

2,    Srei Sahaj E-Village Limited,

      “Vishwakarma”, 86C, Topsia  Road(s),

       Kolkata – 700046.-----------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainant, Ranjit Rana  by filing a petition U/S 12 of the C .P. Act,

1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund Rs. 54,000/-, to pay an amount of Rs. 50,000/- as compensation and Rs. 10,000/- as litigation costs and further order or orders as the Forum  may deem fit and proper. 

2.                  Brief facts of the case is that complainant being an employed person, paid Rs.

54,000/- to the O.ps. for imparting a training programme  to learn how to book tickets for railway reservation as well as for aircrafts, to pay telephone and electricity bills through on line i.e., through internet. The entire course fee was Rs. 1,50,000/- that included the supply of a laptop, scanner with colour printer, digital camera, Rs. 10,000/- as working capital, global sign board, link C.D. and Rs. 10,000/- for taking franchisee which were to be supplied at the end of the training programme by the O.Ps. But due to financial hardship, complainant could arrange for Rs. 54,000/- only and took the admission vide Annexures 6 to 10. Thereafter during one year, he did not receive any of the products, as stated earlier, from the O.Ps. and he went on requesting the O.Ps. to refund his initial deposit of Rs. 54,000/- vide Annexure 11. But O.Ps. paid no heed to the requests of the complainant. And on 02-07-2011 complainant submitted his official withdrawal form to the O.ps. requesting them to refund such amount vide Annexures 1 & 2. But O.Ps. did not refund  and finding no other alternative, on 14-03-2013, complainant filed this instant case praying for above said reliefs. 

3.                  Notices were served. But none  appeared and filed any  written version.

Accordingly, the was  heard ex parte.

4.                  Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.            Complainant, in

support of his pleadings,  has filed evidence on affidavit. An unemployed person, for running his livelihood, had invested some money that he could arrange with all hardship. And if he does not get any positive output out of such investment, where that person will stand. From Annexure 10, we could very well understand that O.Ps. had created immense hope towards the service that they would provide after taking such amount. But they grossly neglected to discharge their duty towards the complainant. Even after receiving the summons of this Forum, they never appeared and filed any written version. So, the allegations of the complainant remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant. Accordingly the case succeeds on merit with costs against O.Ps. 

      Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  71 of 2013 ( HDF 71 of 2013 )  be  allowed ex parte  with  costs  against  the O.Ps. 

      That the  O.Ps. are  jointly and severally directed to refund Rs. 54,000/- to the complainant. 

      That the complainant do get an award of  Rs. 10,000/- as compensation for mental agony and harassment  along with Rs. 2,000/- as litigation costs.

      That the o.ps. are further directed to pay the entire amount of Rs. 66,000/- to the complainant within one month from this order, i.d., the entire amount shall carry an interest @ 10% p.a. till actual payment.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah                                      

                                          .