Smt. Bandana Roy, President
Brief facts of this case is that the complainant and OP entered into an agreement to supply 1 No. bricks of 10000 pieces @ Rs.59000/- on 15.01.2014. Complainant paid Rs.23000/- in cash on the aforesaid date and Rs.35000/- by cheque to the Opposite Party on 16.01.2014. But OP delivered bricks (1 No. B) 1000 pieces and bricks (2 No.) 1000 pieces on 20.02.2014 without mentioning the rate of this bricks.
Complainant stated that he reported OP to deliver rest portion of the bricks and also stated about the quality of the bricks. But OP did not pay any kind of heed to it. Complainant lodged complaint before the DCDR, Purba Medinipur. DCDRF suggested complainant to file complaint case in this Forum. Hence, this case.
OP contested the case by filing written version. OP has alleged that several times OP requested complainant to collect rest amount of bricks but the complainant voluntarily made delay. OP also stated that on 20.08.2015 OP received one notice from the Tribunal that OP cannot continue the production of bricks due to pollution. Hence, the production of bricks have been stopped till now. OP admitted that the complainant will get only Rs.46900/- from the OP. OP also pressed for dismissal of the case.
Points for consideration:
- Whether the complainant is entitled to get relief, as prayed for?
Decision with reason:
Admittedly, complainant is entitled to get Rs.46900/- as per version of the OP. We have heard the submission of the ld. Lawyer for the complainant and the OP. We have also perused the written argument filed by the parties. OP has produced the copy of the notice of the Tribunal. OP also filed a copy of accounts. The said copy shows that supply of 1000 bricks is still due. But we are of the view that complainant failed to prove that he will get Rs.58000/- from the OPs. As OPs admitted that the complainant will get Rs.46900/-, we are of the view that complainant is entitled to get Rs.46900/- and for delay and mental agony, complainant will get Rs.10000/- and Rs.3000/- as legal expense.
Hence, it is
ORDERED
that the complaint case being no. CC/80/2016 be and the same is allowed in part on contest against the OPs. OPs are directed to pay Rs.46900/- and compensation of Rs.10000/- and litigation cost of Rs.3000/- totaling Rs.59900/- within one month from the date of this order, failing which OPs will be liable to pay Rs.100/- daily as punitive charges which will be payable to the Consumer Welfare Fund.
Let the copies of the judgement be supplied to all the parties free of cost.
