IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. EA/23 /2014(arising out of CC/21/2013)
Date of Filing: 08.12.2014. Date of Final Order: 25.06 .2015.
Complainant/D.hr: Sri Salil Kumar Sen, C/O Bank of India, Kulgaria Branch, Vill. Kulgaria,
P.O. Galsi, Dist. Burdwan.
-Vs-
Opposite Party/ J.drs: 1. The Proprietor, Delta Computer, 4, Kuloda Roy Lane, P.O. Khagra,
P.S. Berhampore, Dist. Murshidabad.
2. The Managing Director, Dell India Pvt. Ltd, Office at-12/1, 12/2A, 13/1A,
Ring Road, Challhatta, Varthur Hobi City, Bangalore, Karnataka-560036.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
FINAL ORDER
Samaresh Kumar Mitra, Presiding Member.
Order No.9 dated 25.06.2015.
Today is fixed for passing order as to deposit of fine in the fund of SCWF.
That on 2.06.2015 the D.hr complied with the order of this Forum dated 15.7.2014 by paying two cheques amounting to Rs.36,500/- as refund of purchased amount of Laptop and Rs.2000/- as litigation cost.
The D.hr. Mr. Salil Kumar Sen withdrew two cheques on proper identification of Voters Identity Card and he was also identified by his Ld. Advocate and received the entire awarded amount on full and final satisfaction
The agent of the Jdr No.1 submitted to waive the fine @Rs.100/- for each day’s delay to be deposited in the fund of SCWF as the Jdr No.1 by mail dated 23the Aug, 2014 and 23rd September, 2014 informed the Dhr to communicate his executive to drop the matter and to return the Laptop to get the cost money amounting to Rs.36,500/-. But the Dhr did not respond at the call of the Jdr No.1. The Jdr No.1 also deposited the punitive cost of Rs.1,000/- in the fund of SCWF on 15.01.2015.
The agent of the Jdr No.1 assailed that delay of compliance of order took place due to non co-operation of the Dhr and it is transpired from the mail as filed in the C.R.
We have heard the agent and perused the case record it appears that there is no correspondence during the period from 15.7.2014 to 23rd September, 2014. Jdr may file a petition before this Forum to comply the order then the Forum may consider the fine for delay. But he remained silent.
So, we are in a considered opinion to direct the Jdr No.1 to deposit fine of Rs.2,200/- (for 22 days) deducting the statutory period of 45 days , taking 23 rd September as the date of consent for compliance of the order of this forum, within 30 days from the passing of this order.
Thus the above noted E.A case No. 23/2014 be and the same is disposed of subject to deposit the amount of fine of Rs.2200/- in the SCWF as the Dhr has already withdrew the awarded amount on full and final satisfaction.
O R D E R
Hence, ordered that the Execution Appeal No.23/2014 be and the same is hereby disposed of subject to depositing the amount of fine of Rs.2200/- in the SCWF.
JdrNo.1 is directed to deposit Rs.2200/- towards fine in the SCWF within 30 days from passing this order failing which this Forum will proceed against him in accordance with the provisions of Law.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and corrected by me.
Member, President,
District Consumer Disputes District Consumer Disputes Redressal Forum, Murshidabad. Redressal Forum, Murshidabad.
