DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 224/2022

Date of Filing:                      Date of Admission:             Date of Disposal:

                   11.07.2022                                  01.08.2022                               31.05.2023

P R E S E N T                 :-   Smt. Monisha Shaw …………………. Member.

                                          :-   Sri.  Abhijit Basu      …………………. Member.

JUDGMENT

             This complaint is filed by the Complainant U/s 35  of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.

The Complainant stated that the Complainant contacted with “NIVEDITA OLD AGE HOME” which was advertisement in the news paper on November 2020. After contacting the old age home a sum of Rs.2,50,000/- at a time was tendered by the Complainant. The Complainant residing there and after staying there the indifferent attitude of the authority of the old age home was indifferent towards everything and including all the residents of the old age home was not able to sleep for almost nine to ten months due to the atrocity of the termites.

The Complainant further stated that in December 2020, she went for eye surgery but no assistance was there from the part of the authority. At the time of hospitalization once and again by the in-charge of the old age home had to receive lots of abusive works. The authority of the old age did not pay staff properly. The Complainant stayed from 2020 November to 2021. The Complainant alleged that her money was totally siphoned away by the O.P.

The O.P received the notice on 08.08.2022 and 25.08.2022 but the O.P did not appeared before this Commission and did not file any W/V within the statutory period so the case do run exparte against the O.P from the date  of 11.11.2022 vide order no. 6.

 Having no other alternative, the Complainant lodged this case on 11/07/2022 before this Commission, D.C.D.R.C., Barasat, North 24 Parganas for his proper redressal. It is evident from the record that after receiving the said notice the OPs did not appeared before this Commission.                                                                       

Prayer of the Complainants:-

1. The O.P is directed to refund the money of Rs.2,50,000/-
2. The O.P is directed to pay compensation of Rs.50,000/-
3. The O.P is directed to pay litigation cost of Rs.15,000/-

Contd. To Page No.  2. . .

: :  2  : :

C.C. No. 224/2022

Following issued were framed for the purpose of decision:-

1. Whether the complaint is maintainable or not?
2. Whether the Complainant is entitled to get relief / reliefs in this case.

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by an authorized person of the Complainant, it is revealed that the Complainant deposited amount of Rs.2,50,000/- as per contact with the Opposite party name Ujjal Kanti Sarkar (owner of OLD AGE HOME).  

Here the status of the OP is service provider and the Complainant being a customer of the OP, so the Complainant becomes relief as per Consumer Protection Act, 2019. The Complainant resides at Puja samiti Rathtala, kanjilal para, Bishnupur, Dist:- 24 parganas (north) Kolkata – 7000135 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.

We have perused the complaint with affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy which was provided by the O.P member with the supporting affidavit and other documents filed by the Complainant.

On perusal of the aforesaid materials it appears that the Complainant deposited total Rs. 2,50,000/-(deposited on 03.11.2020) , but the Complainant did not satisfied on the service of O.P, as such there is deficiency in service on part of the O.P.

The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

Thus all the points are disposed of accordingly.

Hence, for ends of justice:

It is Ordered

That the instant case being no.CC-224/2022 be and the same is allowed exparte  against the OP with cost of Rs. 10,000/- .

The Complainant, RAMA GHOSH do get a decree of Rs.2,50,000/- within 03 (three) months from the date of this judgment,  failing which the Complainant do get the decree with 6% interest on the total decreetal amount from the date of filing this case till realisation.

In default the Complainant is at liberty to put this decree into execution according to law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Dictated & Corrected by

           Member                                                                                                                                        

           Member                                                                                            Member