DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO. 98 OF 2022
Date of Filing: 26.12.2022
Date of Order: 03.04.2023
Sri Aswini Kumar Pradhan
S/o Sri Damodar Pradhan
PO- Titrapanga
VILL- Nediguda
District-Kandhamal,762029 ………….. Complainant.
Versus.
Sri Sanu Pradhan,
S/O- Sarat Chandra Pradhan
VILL- Barikumpa,
PO- Balaskumpa
District-Kandhamal ……….….. Opp. Party.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Self
For O.P. : Self
JUDGEMENT
Mr. Purna Chandra Mishra, President.
Complainant Aswini Kumar Pradhan has filed this case against the Opposite Party for not providing electricity and praying therein for a direction to the Opposite Party to refund his amount of Rs. 25, 000/- with interest
@ 10% per annum from the date of receipt of the amount and pay cost and compensation of Rs. 25, 000/-.
- Brief fact leading to the case is that the Opposite Party received a sum of Rs. 25,000/- from the complainant to provide him the power supply. Only one pole has been erected and wire has been drawn. But, there is no power supply to his shop. In spite of repeated approaches, he is not returning the money nor is receiving the phone calls. So feeling harassed, he has filed this case before this Commission for the reliefs as discussed above.
- After receipt of the notice, the Opposite Party appeared in person. He filed his written statement wherein he undertook to provide power supply by 10.03.2023. So, he was allowed time till 10.03.2023. But even after the stipulated period, he did not complete the work nor cited any reason for non-completion of the work. Therefore, this Commission proceeded to dispose of the case on merit.
- The Opposite Party admitted the fact that he has taken the amount from the complainant and he will complete the work by 10.03.2023. Non-completion of the work amounts to deficiency of service and hence the order.
O R D E R
The complaint petition is allowed on contest against the Opposite Party. The Opposite Party is made liable for causing deficiency in service and harassment to the petitioner. The Opposite Party is directed to refund a sum of Rs. 25,000/- to the complainant with interest @ 9% per annum from the date of receipt of the amount i.e. 03.01.2022 till it is actually paid to the complainant. The Opposite Party is further directed to pay a sum of Rs. 15, 000/- for deficiency in service and a sum of Rs. 5, 000/- towards cost of litigation. The order is to be complied within a period of 30 days failing which the order as to cost and compensation shall interest @ 12% per annum from the date of order till its compliance.
Computerized & corrected by me.
I Agree
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 3rd day of April 2023 in the presence of the parties.
MEMBER PRESIDENT