Ld. Advocate(s)

                   For Complainant: Safikul Alam

                   For OP/OPs : None

Date of filing of the case        :22.04.2019

Date of Disposal  of the case :17.03.2023

(2)

Final Order / Judgment dtd.17.03.2023

Complainant Aduri Khatun files the present complainant against the aforesaid opposite party under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for  refund of amount of  Rs.57,750.00 (Rupees Fifty seven thousand seven  hundred fifty), Rs.30,000.00 (Rupees thirty thousand) as compensation and cost of the case.

It is the allegation of the complainant that she on 23.04.2016 paid Rs.30,000.00 (Rupees Thirty thousand) to the  OP  for purchased of 6666 special brick. She also paid Rs.27,750.00 (Rupees Twenty seven thousand seven hundred fifty) to the OP for purchase of 6000 bricks. But OP did not give those bricks nor he refunded the aforesaid amount. Complainant served a legal notice to the OP but did not get any fruitful result. Hence she lodged this case.

OP appeared in this record and filed W/V. He denied the entire allegations. He further stated that complainant’s father came before him for the purpose of arrangements of some income for her daughter namely Aduri Khatun. Complainant’s father gave Rs.34,000.00 (Rupees Thirty four thousand) to him as loan on monthly interest in the year 2012. It was settled that OP would pay interests to the complainant’s father. Due to several problem OP would not run the business of brick field in the year 2015-2016 and due to this financial crisis OP could not pay the interest to the father of the complainant. Through several instalments the OP paid Rs.95,554.00 (Rupees Ninety five thousand five hundred fifty four) to the complainant’s father till 16.08.2018 in lieu of said Rs.34,000.00 (Rupees Thirty four thousand). He prays for dismissal of the case.

Trial

During trial complainant Aduri Khatun filed affidavit in chief and also produced certain documents.

OP did not file affidavit in chief. OP also did not file any documents.

Documents

Complainant produced the following documents viz :

1) Original Money Receipt dtd. 23.04.2016...............(One sheet)

2) Original copy of Legal Notice dtd. 28.03.2019 .....(One sheet)

3) Original Postal Receipt dtd. 28.03.2019 .....(One sheet)

Brief Notes of argument.

                   Complainant in support of his case filed Brief Notes of Argument dtd. 01.07.2022.

(3)

Decision with Reasons

It is the allegation of the complainant that she paid Rs.30,000.00 (Rupees Thirty thousand) on 23.04.2016 in favour of the opposite party and also paid Rs.27,750.00 (Rupees Twenty seven thousand seven  hundred fifty) in favour of the OP on 25.02.2017 for purchase of 6666+6000=12666 bricks but OP did not give those bricks nor he refunded the aforesaid amount. Hence, the complainant filed this case.

OP of this case filed W/V but lastly did not appear at the time of argument of this case. He did not file affidavit in chief. Even he did not file any documents in support of his case.

OP in his W/V admitted that he issued one receipt. On perusal of receipt dated 23.04.2016 , we find that OP had received Rs.30,000.00 (Rupees Thirty thousand) for supply of 6666 bricks and OP also received Rs.27,750.00 (Rupees Twenty seven thousand seven hundred fifty) for supply of 6000 bricks. Complainant in his affidavit in chief corroborated the aforesaid fact. There is no counter evidence on record.  No counter documents have been filed on behalf of the OP. So, we do not find any reason to disbelieve the aforesaid fact. Placing reliance upon the said document and affidavit in chief of the complainant we have no other alternative but to believe that OP took Rs.30,000.00 (Rupees Thirty thousand) from the complainant on 23.04.2016 and he also took Rs.27,750.00  (Rupees Twenty seven thousand seven hundred fifty) from the complainant on 25.02.2017.

OP in his W/V stated that he already paid Rs.95,554.00 (Rupees Ninety five thousand five hundred fifty four) to the complainant’s father but he could not produce any scrap of paper before this Commission  in support of his aforesaid contention, so the aforesaid contention of the OP remains a story. In this situation, we are unable to accept the aforesaid explanation of the OP because OP could not produce any evidence in support of the aforesaid contention and OP could not produce any document in support of the aforesaid contention. Accordingly, we are of the firm view that OP failed to prove that he paid Rs.95,554.00 (Rupees Ninety five thousand five hundred fifty four) in favour of the complainant.

                   Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established her case. So necessary direction should be given to OP for delivery of 12666 bricks or refund of money amounting to Rs.57,750.00 (Rupees Fifty seven thousand seven hundred fifty) in favour of the complainant.

In the result present case succeeds.

(4)

 Hence,

                             It is

                                                Ordered

                                                                    that the present case be and the same is allowed on contest against the OP with cost of Rs.3000.00(Rupees three thousands) to be paid by OP in favour of the complainant.

          OP is directed to supply 12666 standard quality bricks in favour of the complainant as per his assurance as described in the document dated 23.04.2016 within one month from this date of order alternatively OP is directed to refund Rs.30,000.00 (Rupees Thirty thousand) along with interest @ 9% per annum from 23.04.2016 to till the date of actual payment and OP is also directed to refund Rs.27,750.00 (Rupees Twenty seven thousand seven hundred fifty) along with interests @ 9% per annum from 25.02.2017 to till the date of actual payment within next one month i.e within two months from this date of order failing which complainant shall have liberty to put this order into execution.

OP is  directed to pay Rs.5,000.00(Rupees Five thousands) to the complainant as compensation for her physical harassment and for her mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.

Let a copy of this order be supplied to the complainant as free of cost.

          Let a copy of this order be sent to OP for compliance.

Dictated & corrected by me

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

                PRESIDENT

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

                                                                                                                  PRESIDENT

                                                                       (Shri   DAMAN PROSAD BISWAS,)       

I  concur,

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

          MEMBER                                                          

 (NIROD  BARAN   ROY  CHOWDHURY)