West Bengal

Paschim Midnapore

CC/164/2015

Badal Hazra - Complainant(s)

Versus

Suman Jana - Opp.Party(s)

09 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and

Mrs. Debi Sengupta, Member

 

   

Complaint Case No.164/2015

                                                       

Badal Hazra………….………Complainant

Versus

                                                               Suman Jana…………..…..……..Opp. Party.

 

 For the Complainant: Mr. Somasish Panda, Advocate.

 For the O.P.              :          xxxxxxxxxxxxx

 

 

Decided on: -09/03/2016

                                

ORDER

   Mrs. Debi Sengupta, Member- The case of the complainant in brief, is that the on 16/12/2013 the complainant went to the office of the opposite party for purchasing K.G.B. Super bricks for construction work, opposite party is the proprietor of bricks field running under the name and style as Maa Durga Trading Co..  Opposite party used to supply bricks to the local person for construction work. For consultation the complainant went to the office of the opposite party for his construction work. After showing various bricks such as S.S. Super S. Super and super the complainant decided to purchase S.S. Super Bricks and on demand of the opposite party the complainant paid Rs.16,100/- as advance for purchase the aforesaid bricks in two phase.

Though the complainant paid the advance booking amount but the opposite party did not supply bricks to the complaint inspite of repeated request. The complainant was therefore compelled to stop the construction work as the

Contd……………….P/2

 

( 2 )

opposite party did not pay any heed to the request of the complainant. The complainant paid Rs.16,100/- as advance booking amount for purchasing the bricks in two phase i.e. on 16/12/2015 the complainant paid Rs.1,100/- and thereafter Rs.15,000/- on 18/12/2015. At last, having no other way the complainant went to the house of the opposite party with some well wisher and the opposite party committed that he will return the advance money to the complainant within seven days. But ultimately the opposite party did not pay the advance money. Therefore the complainant rushed to the office of consumer affairs and fair business practice at Paschim Medinipur, Regional Office for redressal and according to the advice of the Regional Office the complainant lodged a complaint in their prescribed format on 06/04/2015 with a prayer for return of the advance money for the prupose of purchasing K.G.B. superior bricks. The said office therefore sent a notice to the complainant and the complainant appeared on 06/07/20 before the said consumer affairs and fair business practice. The said office also sent a notice to the opposite party but the opposite party did not appear before the said office and after waiting for a considerable period the office heard the complainant and passed order with the advice to lodge a complainant before the D.C.D.R.F. for redressal.

Hence the complaint praying for an order directing to return of the advance money of Rs.16,100/- with up-to-date interest and litigation cost of Rs.5,000/- and for an order to pay Rs.20,000/- for  mental pain and agony.

Opposite party was duly served with notice of this case but he did not appear to contest this case. Hence, the exparte hearing.

To prove his case, the complainant has filed a written examination-in-chief, supported by affidavit and he also filed some documents including two receipts of advance payment of Rs.16,100/- to the opposite party.

                                                                          

                                                   Decisions with reasons

It appears from the written examination-in-chief, supported by affidavit of the complainant,  that the complainant has fully corroborated his case of the complaint in material particulars. He has stated that opposite party is a proprietor of the bricks field named and styled as Maa Durga Trading Company and the complainant on 16/12/2016 paid Rs.1,100/- as advance booking amount  to the opposite party for purchasing of bricks in two phases and again on 18/12/2015, he paid Rs.15,000/- to the opposite party He further stated that inspite of such

Contd……………….P/3

 

 

( 3 )       

payment of Rs.16,100/- , the opposite party did not supply bricks as per contract and he also did not return the advance money Rs.16,100/-. Two cash memos of such payment, so issued by the opposite party, have been filed in this case and on perusal of those cash memos we find that these documents support the case of the complainant. So, in view of examination-in-chief supported by affidavit of the complainant and the aforesaid documents, remaining unchallenged, we are constrained to hold that the case of the complainant is proved and he is entitled to the reliefs as prayed for.  

Hence, it is,

                    Ordered,

        that the complaint case be and the same is allowed exparte against the opposite party Suman Jana with cost.

Opposite party is  directed to return back the advance money of Rs.16,100/-to the complainant  with interest @ 8% p.a. from the date of filing of this complaint and he is also directed to pay a sum of Rs.3,000/- as litigation cost  and  a sum of Rs.5,000/- as compensation for  mental pain and  agony to the complainant. All such payment shall be made within thirty days from the date of this order.

Let plain copy of this order be given to the complainant free of cost.

 

            Dictated & Corrected by me

                              Sd/-                                                                                              Sd/-

                        Member                                                                                          President                                                                                                                                                                                                                                                       

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