DATE OF FILING                    :     04-06-2012.

DATE OF S/R                            :      17-07-2012.

DATE OF FINAL ORDER      :     31-08-2012.

Sri Santanu Mallick,

4/2, Baroda Bhattacharya Lane,

Howrah – 711 101.  -----------------------------------------------------------  COMPLAINANT.

-          Versus   -

Sri Palash Bhattacharya,

proprietor M/S. Reliable Services,

55/1, Hriday Krishna Banerjee Lane,

Howrah – 711 101. ----------------------------------------------------------OPPOSITE PARTY.

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

The complainant, Shri Santanu Mallick of 4/2, Baroda Bhattachrya Lane, Howrah – 711 101, 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.p., Palash Bhattacharya, proprietor of M/S. Reliable Services of 55/1, Hriday Krishna Banerjee Lane, Howrah – 711 101, to refund Rs. 2,500/- being the service charges paid as A.M.C. of the water filter in question with 12% interest, to pay Rs. 1,500/- being the amount paid for purchasing filter water from market during the contract period of 01-01-2011 to 31-12-2012 along with litigation cost of Rs. 500/- and other relief or relieves. 

            Brief fact of the case is that complainant entered into a service contract with o.p. on 05-12-2010 by paying the requisite amount of  Rs. 2,500/- through A/C payee cheque towards the A.M.C. of his water filter being Model Usha Brita R.O.  for the period from 01-01-2011 to 31-12-2012 vide Annexure ‘A” collectively. But even upto 19-04-2011, o.p. did not render any service in terms of service contract for A.M.C. of the said water filter since the inception of the said contract i.e., on and from  01-01-2011 and complainant made several calls on the given mobile no. i.e. on 9831637094 which appears in Annexure ‘A’. To justify  his such claim complainant annexed  ‘Detail of calls’ vide Annexure ‘B’ collectively. Complainant also mentioned another mobile no. being 78902-60893 to which he made several calls which is also evident from his annexed call chart being Annexure ‘B’. But o.p. remained absolutely silent without paying any heed to the repeated requests made by complainant without rendering any service to the said water filter. Lastly, complainant sent one letter dated 02-01-2012 to o.p. further requesting him to do the needful. Even after receiving the said letter on 03-01-2012 vide Annexure ‘C’ collectively, o.p. neither even cared for replying nor attended the said water filter. Being helpless, complainant  filed a complaint  before C.A. & F.B.P. Department on 19-01-2012 vide Annexure ‘D’. But no fruitful result could be arrived at vide Annexure ‘E’. Finding no other alternative complainant filed the instant application before this Forum on 04-06-2012 with all documents alleging deficiency in service on the part of the o.p.

Notice was served upon  o.p. O.P. although appeared twice and prayed for time to file written version which was allowed by this Forum, but o.p. did not file any written version till 24-08-2012 and the complaint was heard ex parte.

DECISION  WITH   REASONS      :

      By paying the requisite amount of service charge, complainant becomes a consumer of the o.p. We all know that another name of water is life. O.p. showed tremendous negligence towards complainant by not rendering any service, whatsoever, which was to be given by him between  01-01-2011 to 31-12-2012. Complainant tried his level best to make o.p. dutiful since 19-04-2011 to 30-09-2011 by making innumerable phone calls, by sending letter, by filing complaint before Department of C.A. & F.B.P. But all his efforts went in vain.

      O.p.’s such non action, such gross negligence  should not be allowed to be perpetuated that caused inexplicable mental agony to the complainant. O.p. did not even care for filing any written version after appearing in this instant case. As a result, the pleadings of the complainant remained unchallenged and  uncontroverted . Moreover, complainant filed affidavit in support of his contention made out in this pleading. Therefore,  we have no difficulty to believe the unchallenged testimony of the complainant. Accordingly the case succeeds on merit against the o.p. with cost. However, complainant has not annexed any money receipt showing the purchase of filter water from outside.

      Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 51 of 2012 ( HDF  51 of 2012 )  be  allowed ex parte  with  costs  against  the O.P.

      That the  O.P. is directed to refund Rs. 2,500/- to the complainant. Further, the complainant is entitled  to a compensation of Rs. 2,500/- and litigation cost of Rs. 500/-.

      That the o.p. is directed to pay the entire amount of Rs. 5,500/- within 30 days from the date of  this order, i.d. the entire amount shall carry an interest @ 12% till full realization.              

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