West Bengal

Kolkata-I(North)

CC/298/2006

Smt. Rekha Maity, Of M/S. Popular Electronic Trading Co. - Complainant(s)

Versus

Sri Samiran Dey, Proprietor of M/S. ARNAV Automation - Opp.Party(s)

28 Jul 2008

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/298/2006
( Date of Filing : 17 Nov 2006 )
 
1. Smt. Rekha Maity, Of M/S. Popular Electronic Trading Co.
W/o Rabindra Nath Maity, Ramchandra Pore, Near Kabar Danga, P.O. - R.C. Thakurani, Calcutta - 700104.
...........Complainant(s)
Versus
1. Sri Samiran Dey, Proprietor of M/S. ARNAV Automation
33B, Sri Mohan Lane, P.S. - Kalighat, Calcutta - 700026.
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:
 
Dated : 28 Jul 2008
Final Order / Judgement

           Complainant is present. None appears for o.p. nor any w/v is filed. Hence the consumer complaint is taken up for hearing. Heard ld. Counsel for the complainant.

            In this consumer complaint complainant has demanded for the refund of Rs.30,000/- paid in advance to o.p. for supply of Xerox machine alleging deficiency of service on the part of the o.p. since the o.p. did not deliverthe machine and realize the balance amount. On the repeated demand, o.p. did not give any response. Hence complainant had been compelled to file this consumer complaint.

            It is appearing from the record the complainant advanced an amount of Rs.30000/- to the o.p. and o.p. undertook to deliver the machine. On such delivery, the petitioner undertook to make payment of the balance Rs.15000/-. But the o.p. neith4er refund the money nor deliver the Xerox machine.

            In spite of service of notice o.p. did not turn up nor filed any w/v. Hence the consumer complaint is taken up for ex parte hearing. Contention of the petitioner is remained unchallenged. There is no material on record denying or disputing the allegation of the  petitioner. Thereby the petitioner is entitled to relief. Accordingly the consumer complaint succeeds and it is awarded in the following terms.

            The o.p. is directed to pay to the complainant the amount of Rs.30000/- (Rupees thirty thousand) only and compensation of Rs.2000/- (Rupees two thousand) only and litigation charge of Rs.500/-  (Rupees five thousand) only within two months from date, failing which it will carry an interest @ 8% p.a. till  realization.

            Let copy of this order be supplied to the parties free of cost.

 

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