Ld. Advocate(s)

                   For Complainant: Debraj Das

                   For OP/OPs : none

Date of filing of the case     :04.09.2020

Date of Disposal  of the case :  14.06.2023

Final Order / Judgment dtd.14.06.2023

Complainant above name filed the aforesaid complaint u/s  35 Consumer  Protection Act 2019 praying for direction upon OP  to refund of Rs. 1,000/-, payment of compensation amounting of Rs. 20,000/- and Rs. 5,000/- as cost of the case.

He alleged that on 09.02.2020 he gave an order of cake of Mio Amore before the OP no. 1 for the cost of the 3,000/- and he gave advance of Rs.1, 000/-.

 He gave the said order relating to birth day celebration of his only daughter which was scheduled on 14.02.2020.

 OP no. 1 took advance of Rs.1, 000/- and agreed to supply the said cake on 14.02.2020 and he issued one voucher in respect of said advance.

 But on 14.02.2020 at noon when complainant visited the shop of OP no. 1 for delivery of the said cake then complainant shocked to know that cake has not been reached from Kolkata to the shop of OP no. 1. Thereafter, he made phone call to the help line no. of Mio Amore vide no. 1800-212-4030 and came to learn that said cake has not  been ordered from the OP no.1 on 09.02.2020  before them.

 Having no other alternative complainant compelled to purchase one readymade cake of Rs. 800/-from the Pro-OP no. 1 on 14.02.2020.

 OP no. 1 did not refund said amount, hence the complainant filed this case.

As per order no. 04 dtd. 21.12.2021 case is running ex-parte against OP no. 1 and Pro- OP no.  2- 3.

Decision with Reasons

Complainant in support of his case filed affidavit-in-chief on 26.09.2022 he also filed receipt no. 3333. He also produced another original receipt in support of purchased one cake valued at Rs. 400/-.

 Complainant filed BNA.

  We have carefully gone through the aforesaid petition of complaint, affidavit-in-chief of the complaint and documents filed by the complainant. We did not find any reasons to disbelieve these documents.

 Accordingly, these documents are considered.

 On perusal of receipt no. 3333 we find that the cake was ordered valued at Rs. 3,000/- . Rs. 1,000/- has been paid as advance date of delivery has mentioned as 14.02.2020.

 Customer identity has mentioned through phone no. i.e 9333511059.

 So it is clear before us that the complainant gave order of the cake of Rs. 3,000/- and complainant paid Rs. 1,000/-.

 Complainant filed an affidavit-in-chief which is unchallenged testimony and considering the same we find that he gave said order, gave advance of Rs. 1,000/- in favour of the OP no.1 but OP no. 1 did not give the same.

Aforesaid affidavit-in-chief of the complainant is nothing but unchallenged testimony so we do not find any reasons to disbelieve the same.

 Placing reliance upon the aforesaid affidavit-in-chief and aforesaid receipt we are unable to disbelieve the allegation of the complainant.

 Having regard to the aforesaid discussion we are of the firm view that complainant has established his grievance against the OP and he is entitled to relief as per his prayer.

In the result present case succeeds.

Hence,

It is

                                                Ordered

that the present case be and the same is allowed on ex-parte  against OP no. 1 with cost of Rs. 2,000/- to be paid by the OP no. 1 in favour of the complainant  and present case be  and the same is dismissed against   Pro- OP no. 2 and 3 but without any order as to cost.

 OP no. 1 is directed to refund Rs. 1,000/- in favour of the complainant which he took as advance for supply of a cake and to pay Rs. 5,000/- as compensation for mental pain and agony of complainant in favour of the complainant positively within  one month from this date failing which aforesaid amount of Rs. 6,000/- shall  carry interest @ 9% per annum from this date to  till the  date of actual payment and complainant shall have liberty to put this order into execution.

Let a copy of this order be supplied both the parties free of cost.

Dictated & corrected by me

              ............................................

                     PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                PRESIDENT

                                                                                     (Shri   DAMAN PROSAD BISWAS,)       

            I  concur,

             ........................................                                                

                       MEMBER                                                                  

 (NIROD  BARAN   ROY  CHOWDHURY)