DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 93/2021
Date of Filing Date of Admission Date of Disposal
05.04.2021 08.04.2021 16.10.2023
Complainant/s:- | Abdul Kader Sardar The proprietor of “AKASH BROTHERS”, S/o Eusuf Ali Sardar residing at Vill.- Devoge, P.O. – Kathur, Dist. – North 24 Parganas, Pin – 743422, P.S. – Basirhat. -Vs- |
Opposite Party/s:- | The Chief Executive Officer/Proprietor, Rinisa Corporation Bonogram Industrial Estate, Bakrahat Road, P.O. – Raspunjee, Dist. – South 24 Parganas, Kolkata – 700014, P.S. – Bishnupur. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Party praying for direction upon the Opposite Party to refund the balance amount of Rs. 2,70,000/-, compensation amounting to Rs. 1,50,000/-, cost of the case amounting to Rs. 20,000/- and other reliefs. He alleged in the petition of complaint that Complainant for his livelihood by means of self employment have decided to purchase an automatic paper cup forming machine with the consideration of Rs. 6,60,500/-. As per sale contract dated 20/02/2018 he paid Rs. 5,25,000/- in favour of the O.P. But O.P did not deliver the said machine in his favour. On 30/07/2018 Complainant made another contract with another company for purchasing of similar machine. As he did not get the paid amount of Rs. 5,25,000/- from the O.P he could not purchase the same from Laxmi Enterprise. The aforesaid act on the part of O.P is deficiency in service.
As per record, notice was served upon the O.P on 13/07/2021. He appeared in this record and filed W/V and denied the entire allegations. He stated in his W/V that instant complaint is baseless and fabricated. He also denied the payment of Rs. 5,25,000/- in his favour. He prayed for dismissal of the case.
TRIAL
During trial, Complainant filed affidavit-in-chief. During trial, O.P did not take any steps and for that reason copy of affidavit-in-chief of Complainant not yet served upon him. So, aforesaid affidavit-in-chief of Complainant was accepted without any questionnaire and reply.
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C.C. No. 93/2021
DOCUMENTS
Complainant produced the following documents:-
- Xerox copy of PIFA GRAM PANCHAYAT certificate...…annexure ‘A’(running page no. 12)
- Xerox copy of Sale Contract..…annexure ‘B’(running page no. 13)
- Xerox copy of Money receipt..…annexure ‘C’(running page no. 14-15)
- Xerox copy of Bank Details including Branch Name, IFSC, MICR Code, Account Number, Account Name, Address etc……..…annexure ‘C’(running page no. 16)
- Xerox copy of Bank Transaction..…annexure ‘C’(running page no. 17-18)
- Xerox copy of RTGS/NEFT Cheque..…annexure ‘C-1’(running page no. 19)
- Xerox copy of Sales Order..…annexure ‘D’(running page no. 20)
- Xerox copy of complaint..…annexure ‘E’(running page no. 21-27)
BNA
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the affidavit-in-chief filed by the Complainant. During trial O.P was absent. No questionnaire on behalf of the O.P was filed. Complainant produced aforesaid documents (Xerox). During the period of argument aforesaid documents were verified.
It is the allegation of the Complainant that he paid Rs. 5,25,000/- on different occasions in favour of the O.P but O.P did not deliver the aforesaid machine.
On perusal of annexure ‘B’ (Xerox) we find that O.P was agreed to provide the automatic paper cup forming machine with the value of Rs. 6,60,500/-. Out of the said amount Complainant paid Rs. 85,000/- on 20/02/2018 vide receipt no. 2957, Complainant paid Rs. 75,000/- on 20/02/2018 vide receipt no. 2956, Complainant paid Rs. 50,000/- on 20/02/2018 vide receipt no. 2958, Complainant paid Rs. 25,000/- on 20/02/2018 vide receipt no. 2959. Accordingly, we find by the aforesaid four receipts, Complainant paid Rs. 2,35,000/-.
On perusal of bank pass book (Xerox) (annxure ‘C’) we find that on 16/05/2018. Complainant paid Rs. 1,15,000/-. On another date, Complainant paid Rs. 1,10,000/- and on 04/07/2018 Complainant paid Rs. 65,000/-. Accordingly, we find that Complainant paid Rs. 5,25,000/- in favour of the O.P. O.P denied the said fact in their W/V but they did not come forward before this Commission and did not take any attempt to established his defence. He did not take any attempt to disprove the aforesaid fact.
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C.C. No. 93/2021
At this stage, we do not find any other material to disbelieve the aforesaid documents of the Complainant.
On perusal of record we find that Complainant is the consumer and O.P is the service provider. We also find from the record that the consumer has filed the present case within the period of limitation and this Commission has jurisdiction to entertain the same.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established his grievance by sufficient documents beyond reasonable doubt and Complainant is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence ,
It is ordered,
That the present case vide no. C.C./93/2021 be and the same is allowed on contest against the O.P with cost of Rs. 5,000/- to be paid by O.P in favour of the Complainant.
O.P is directed to deliver the aforesaid automatic paper cup forming machine in favour of the Complainant in good running condition with proper documents after taking Rs. 1,35,500/- from the Complainant within 45 days from this date or to refund the sum of Rs. 5,25,000/- in favour of the Complainant along with interest @10% p.a. from the date of receipt of the aforesaid amount to till the date of actual payment.
O.P is further directed to pay Rs. 50,000/- as compensation in favour of the Complainant within 45 days from this day.
O.P is directed to comply the aforesaid directions positively by the date fixed failing which Complainant shall have liberty to put this order into execution and O.P shall be liable for all the consequences.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
