Hon’ble Mrs. Rumpa Mandal, Member.

The brief fact of the case which led the Complainant to lodge the complaint before this Commission is that Complainant named Sanju Singh accepted the proposal of the O.P to act mega serial or film etc. and she also accepted a job of manager in the short firm. So Complainant paid the amount as per demand of the O.P.  Annexure 1 to 11 are the copy of money receipt paid by the Complainant. The opposite party issued payment receipt in favour of the Complainant (annexure-3) on 10.07.2021 O.P signed the Contract of the actor with Complainant (annexure-4). After receiving of Rs. 1,24,520/-  O.P still today did not manage any job. O.P further demanded more money from the Complainant. On several request O.P issued account payee cheque No. 144378 dt. 29.11.2021 as part payment of received amount and accordingly Complainant on 01.12.21 deposited the said cheque in the account of the Complainant but the cheque was bounced for insufficient of fund and subsequently on 14.12.2021 Complainant send legal notice through Ld. Advovate Arnab Sarkar but still today O.P did not pay the said amount. As per request of the O.P still today Complainant did not filed any cheque bounce case but O.P intentionally and tactfully did not receive any notice or letter of the Complainant (copy of cheque and other documents are in Annexure 12,13,14 and 15). On 06.07.22 Complainant filed the written complaint before the District Legal Service Authority, Cooch Behar and accordingly DLSA started P. L. Case No. 613/22 & issued notice before the of but 0.P. did not appeared before the DLSA & on 04-08-22 DLSA dropped the matter. Annexure 16 and 17 are the of copy Complaint and order sheet. On 14.09.2022 Complaint filed written complaint before the O.P but still did not refund the amount in favour of the Complainant. Annexure 18 is the copy of written complaint. The aforesaid activities of the O.P is deficiency in Service as well as mal practice by the O.P. The cause of action for the present case arose on 20.06. 21, 30.06.21, 10.07.21, 21.07.21,05-08-21, 09-08-21, 16.08.21, 06-09-21, 08-09-21,  09-09-21, and 10-09-21 when The O.P. received money and on 29-11-2021 when the OP issued cheque and on 04.08.2022 when the D. L. S.A. dropped the matter and lastly on 14.09.2022 when the Complainant filed written complaint and is still continuing. The Complainant therefore prayed for an order and directed the O.P to pay of Rs. 124520/- to the Complainant with update interest and further directed the O.P to Rs. 200,000/- as deficiency in service and mental pain and agony and Rs. 20000/- towards litigation cost.

The notice was sent to the O. P. after filing the case. The notice upon O. P. no. 2 is presumed to have been served by applying the provision of Section 27 of General Clause  Act. and Sec. 114 of Evidence Act. Since the O.P  is not contesting the case on the bases of presumption of Services on notice the case is decided to be heard ex- parte against O.P. Accordingly, this Commission by its order No. 8 dt. 30.05. 23 decided to be heard the case ex- parte against the O.P.

The Complainant in order to Substantiate the care filed evidence on affidavit and proved different Annexures. After close scrutiny and Perusal of the documentary evidence it transpires that Annexure-1 series are the copy of money receipt of Rs. 124520/- paid by Sanju Singh to the Aviraj group ICON i.e. O.P. Annexure-3 is the copy of money receipt. On 10.07.2021 opposite party Aviraj group ICON signed Actor’s Contract with Complainant. Annexure 4 is copy of agreement dt. 10.07.21. Annexure 5 to 11 are the copy of money receipt paid by Complainant Sanjy Singh to the O.P. Aviraj group ICON. Copy of complaint and order sheet of the District Legal Service Authority, Cooch Behar dt. 04.08.2022. Annexure -18 is the copy of written complaint to the O.P lastly on 14.09.2022 but still today O.P did not release the received amount in favour of the Complainant.

Thus the Complainant proved all the documents to substantiate her case. The entire oral and documentary evidence of the Complainant stands un-challenged and un-discarded in as much as the O.P preferred not to contest the case

Thus after assessing the oral and documentary evidence of the Complainant  it stands proved that the O.P acted in a manner by not allowing the complainant to perform as a actor in any mega serial or film etc., but O.P received money on different dates from the Complainant in different modes which tentamounts to deficiency in service. There is nothing to show that the Complainant did not pay the money and she is not entitled to act in the film or mega Serial.

The O.P could not explain as to why the name of the Complainant was not included in his firm as a manager or Complainant was not given a chance for acting in the mega Serial or Serial despite fulfilling all the requirement.

Accordingly, the case of the Complainant stands proved ex-parte.

Hence, it is

Ordered

That the complaint case No. CC/50/2022 be and the same is allowed ex-parte with cost of Rs.10,000/-.

The Complainant Sanju Singh do get an award for a sum of Rs.1,24,520/- to the Complainant. The O.P further directed to pay of Rs.1,00,000/- as deficiency in service and mental pain and agony to the Complainant. The O.P Aviraj group ICON is directed to pay Rs.2,34,520/- within 30 days from date of passing the order failing which the O.P shall pay interest @ 6% per annum on the awarded sum from the date of passing the final order till the date of realisatioin.

The Complainant case is accordingly disposed of ex-parte. 

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.