West Bengal

South 24 Parganas

CC/172/2015

Sri Biswajit Halder, S/O Ratan Halder. - Complainant(s)

Versus

Sri Chironjit Mondal Pulok Father s name not known. - Opp.Party(s)

Mr. Debnath Saha.

31 Aug 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _172_ OF ___2015___

 

DATE OF FILING : 7.4.2015     DATE OF PASSING JUDGEMENT:  31.8.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu  & Jinjir Bhattacharya

                                                                             

COMPLAINANT             : Sri Biswajit Halder,s/o Ratan Halder of 662, Vidyasagarpark, Pirpukur Road, 7A, Lane Bansdroni, Kolkata – 70.

 

-VERSUS  -

 

O.P/O.Ps                            : Sri Chiranjit Mondal (PUlok), father’s name not known of 100/3, Jadav Ghosh Road, near 18C Bus Stand, Sorsuna, Kolkata – 61.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant against the O.P on the ground that the complainant placed order for designed and decorate glass and its fitting and fixing for his residence to the O.P as per his quotation dated 7.5.2013 and O.P is under obligation to supply the following glasses with its fittings and delivery charges ,which are as follows:-

1.    12mm glasses measuring 120 x 36    1 piece measuring more or less 30 sq.ft.
2.    12mm glasses measuring 42 x 30    1 piece measuring or less 8.75 sq.ft
3.     12mm glasses measuring 7 x 7   3 pieces measuring and 12 mm glass measuring 5.25 x 5.25   2 pieces measuring more or less 3 sq.ft pieces in all 7 pieces of glasses measuring more or less 41.75 sq.ft.
4. Mirror Glass 48 x 24x1 piece 8 sq.ft.
5. Mirror Glass 30 x 18 x 2 piece 7.5 sq.ft
6. Mirror glass over basin top 48 x 24x 1 piece 8 sq.ft in all 23.5 sq.ft .
7. Design glass 12 mm measuring in all 61.5 sq.ft
8. Fittings and labour charges and delivery charges.

After negotiation the total amount for the same was fixed to the tune of Rs.39,430/- and out of that complainant paid Rs.38000/- for which a money receipt was also issued by the O.P. But the O.P supplied the materials valued Rs.13,020/- and did not deliver Mirror Glass 48 x 24x1 piece 8 sq.ft. , Design glass 12 mm measuring in all 61.5 sq.ft , amounting to Rs.28,980/- and did not fix the glass as per the terms of the said quotation for which the O.P has already received Rs.2600/-. Inspite of several requests the O.P failed and neglected to supply the said glasses and mirror and to fix the same as per specification. Even written notice following by general diary to the police station also yielded no result and hence this case to return the price of the goods after necessary adjustment , compensation and cost etc.

It appears that inspite of receiving the summon by both the O.Ps, they did not turn up . Hence, the case is fixed for exparte .

            Points for consideration in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                            Decision with reasons

      From the complaint case it appears that out of Rs.39,430/- complainant already paid Rs.38000/- . But the O.Ps supplied the materials valued at Rs.13,020/- . So, the remaining amount should be returned to the complainant i.e. Rs.24,980/-. Although, complainant has claimed that he has paid Rs.2600/- for fitting charges, but there is no document of such payment. Accordingly that amount will not be considered.

The O.P inspite of receiving the intimation of S.R ,when did not appear, it can be safely presumed that O.P is aware regarding the allegation leveled against him ,for which, we have nothing to disbelieve the unchallenged testimony of the O.P. This non-supply of materials is a glaring example of deficiency in service .

      Hence,

                                                                              Ordered

That the case is allowed exparte with cost of Rs.1000/-

The O.P is directed to refund Rs. 24,980/-  along with compensation of Rs.5000/- and cost of Rs.1000/- to the complainant within 45 days from this date, failing which, interest will carry @9% p.a from the date of filing this case till its realization.

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

 

 

 

Member                                               Member                                               President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

Ordered

That the case is allowed exparte with cost of Rs.1000/-

The O.P is directed to refund Rs. 24,980/-  along with compensation of Rs.5000/- and cost of Rs.1000/- to the complainant within 45 days from this date, failing which, interest will carry @9% p.a from the date of filing this case till its realization.

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

 

 

 

Member                                               Member                                               President