DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT: NEAR T.V.CENTREPARA, PO:BHAWANIPATNA, DIST: KALAHANDI, State: Odisha, PIN NO. 766 001.
….
C.C.case No. 131 / 2015. Date of Order. 20.11.2015.
Jasobanti Dei, D/O: Purna Chandra Goud, At: Mahabirpada, Po:Bhawanipatna,
Dist: Kalahandi, State: Odisha.
…. Complainant.
Versus.
Sri Sunil Agrawal, S/O: Murari Agrawal, At: Annapurna Agency, Jagannath Mandirpada, Near Railway Counter, Po:Bhawanipatna, Dist: Kalahandi, State: Odisha.
..Opposite parties.
exparte on Dt. 7.10.2015 for not filing the Written version within the time nor appearing in single dates and hence this orders.
3. During the exparte hearing on Dt. 6.11.2015 the complainant examined herself and proved the payment of the money to the O.Ps. The complainant has also produced the Xerox copies of Regd. Letter receipt issued in the name of the O.P. She also argued that due to the fitting of damaged G.I.Sheets supplied by the O.P the complainant suffered a lot due to leakage of rain water during entire rainy season.
In the absence of any denial by way of written version from the side of the O.P. it is presumed that the allegations leveled against the O.Ps deemed to have been proved. The complainant have produced the Xerox copies of the hand written receipt Dt. 13.5.2014 against the above purchase. Hence it is deemed that the fact is said to be proved, and this forum considering the above aspects tendered in evidence believes it to exist or consider its existence so probable that under the circumstances of particular case to act upon the supposition that the said fact exist. The complainant had paid the amount for the good service as per receipt which intended with the O.P. and the said payment is made for the consideration for the said service. When the O.P. has failed to give such service for which the O.P. has received the amount. It is deemed that the O.P is callous to the allegations and it amounts to deficiency of service.
When the O.P. had sold G.I.Sheets for a valuable consideration and even after receipt of the said consideration in advance, and non replacement of G.I.Sheets with new one on several approaches by the complainant amounts to deficiency of service on the part of the O.P. and further giving false
ORDER.
4. In the result the petition of the complainant is allowed exparte against the O.P.
The O.P. is ordered to refund price of the G.I.Sheets a sum of Rs.11,200/- to the complainant.
The O.P. is further ordered to pay compensation a sum of Rs.8,000/- for the harassment met by the complainant towards mental agony, damages and further to pay Rs.2,000/- towards litigation expenses.
We therefore issued a “Cease and Desist” order against the O.P. directing him to stop such a practice forthwith and not to repeat in future.
The O.Ps are ordered to comply the above direction within one month from the date of receipt of this order failing which the complainant is at liberty to take further proceedings U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
Dictated and corrected by me.
Pronounced on this 20th. Day of November, 2015.
MEMBER. MEMBER. PRESIDENT.
Documents relied upon:-
By the Complainant.
- Xerox copies of the Money receipt.
- Postal receipt Dt. 12.9.2014.
By the O.P. Nil.
PRESIDENT.
20.11.2015.
The order pronounced in the open forum and enclosed separately in the file.
The petition of the complainant is allowed exparte against the O.P.
The O.P. is ordered to refund price of the G.I.Sheets a sum of Rs.11,200/- to the complainant.
The O.P. is further ordered to pay compensation a sum of Rs.8,000/- for the harassment met by the complainant towards mental agony, damages and further to pay Rs.2,000/- towards litigation expenses.
We therefore issued a “Cease and Desist” order against the O.P. directing him to stop such a practice forthwith and not to repeat in future.
The O.Ps are ordered to comply the above direction within one month from the date of receipt of this order failing which the complainant is at liberty to take further proceedings U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
MEMBER. MEMBER. PRESIDENT.
