West Bengal

South 24 Parganas

CC/112/2015

Kalyan Kumar Ghosh. - Complainant(s)

Versus

The Proprietor AVINANDAN. - Opp.Party(s)

30 Jul 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _112_ OF ___2015_

 

DATE OF FILING : 27.2.2015     DATE OF PASSING JUDGEMENT: _____30/07/2015__________

 

Present                                       President        :   Udayan Mukhopadhyay

                                                  Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT                  :Kalyan Kumar Ghosh, 41, Tilak Nagar, P.O Regent Pak, Ranikuthi, Tollygunge,

Kolkata – 40, P.S. Jadavpur.

 

 

-VERSUS  -

 

O.P/O.Ps                            : The proprietor, Avinanda, 51, Moore Avenue, Kolkata-40, P.S. Regent Park.   

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 

            The present petition of complaint under section 12 of the C.P Act, 1986 is filed by Sri Kalyan Kuamr Ghosh alleging deficiency in rendering services by the Opposite Party being the Prop. Of a marriage house styled”AVINANDAN”.

            The complainant booked the marriage house on 1.9.2014 by making payment of Rs.10,000/- as an advance by cheque no.057890 of Central Bank of India , Regent Park Branch, Kolkata, in connection with the marriage ceremony of his daughter scheduled to be held on 24.11.2014. But the marriage ceremony could not be held on 24.11.2014 due to some grave reasons behind such matrimonial alliance and it was confirmed on 15.9.2014 . The complainant on 30.9.2014 sent a letter to the O.P by speed post giving first information about de-solemnization of his daughter’s marriage and sought for refund of Rs.10,000/- paid as advance to the O.P. Thereafter, the complainant issued first reminder for refund on 12.11.2014 . Second and third reminders were also given but with no tangible effect. The O.P declined to accept his second and third reminders sent through speed post with postal remark “Unclaimed” . Hence, the case with prayer for such relief or reliefs as contained in the petition of complaint.

            Despite service of summons upon the O.P, none appeared on his behalf with written version to contest the case. The case proceeded exparte against the O.P.

The complaint petition has been filed along with affidavit . Copy of the letter sent to the O.P by speed post on 30.9.2014 and copies of subsequent three reminders and postal receipts for sending the letters under speed post and the envelop for letter sent on 6.1.2015 to the O.P have been filed along with the petition of complaint.

Although the complainant has stated that he has paid Rs.10,000/- as advance to the O.p for booking of the marriage house “AVINANDAN”  of the O.P at 51, Moore Avenue, Kolkata – 40 by cheque no.057890 dated 1.9.2014 drawn on Central Bank of India, Regent Park Branch in connection with the marriage ceremony of his daughter, he has not filed copy of the cheque issued , any proof for receipt of the cheque by the O.P or any bank statement /pass book evidencing receipt of Rs.10,000/- by the O.P against the cheque stated to have been issued by the complainant.

            Under the circumstances, we are unable to hold that the complainant paid any consideration for hiring of services from the O.P and further that the complainant is a ‘consumer’ of the O.P under the C.P Act, 1986.

            Hence, the complaint petition fails and the same is liable to be dismissed.

            It is

                                                                        Ordered

That the petition of complaint is dismissed on exparte against the O.P  . Under the circumstances of the case, there will be no order as to cost.

Let a copy of this order be served upon the parties free of cost.

 

 

Member                                                           Member                                                                       President                     

Dictated and corrected by me

 

                        Member

 

                

 

 

 

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the petition of complaint is dismissed on exparte against the O.P  . Under the circumstances of the case, there will be no order as to cost.

Let a copy of this order be served upon the parties free of cost.

 

 

Member                                                           Member                                                                       President