West Bengal

Bankura

CC/42/2024

Sri Sankar Chandra De - Complainant(s)

Versus

M/S Sarkar Brick Field - Opp.Party(s)

Sandip Chakraborty

18 Dec 2024

ORDER

                     IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.42/2024

        Date of Filing:  09/05/2024

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                     Ld. Member

 

For the Complainant:Ld. Advocate Sandip Chakrabarti

For the O.P.: Ld. Advocate Smarajit Chatterjee

 

Complainant:

Sri Sankar Chandra De @ Sankar Chandra Dey, S/O- Late Subal Chandra De, Permanent R/O- Shikharia Para, P.O., P.S. & Dist.- Bankura. PIN - 722101. Present R/O- Vill. & P.O.- Junbedia, P.S. & Dist.- Bankura. PIN – 722155. MOB.- 9749687379. 

Opposite Party:

1.M/S Sarkar Brick Field, Vill. & P.O.- Sendra, P.O. & Dist.- Bankura. PIN - 722155. Represented by Owner / Proprietor, Joydev Sarkar,Office cum Residenence – “GARGI”, Rocket   Lane, Schooldanga, P.O. P.S. & Dist.- Bankura, PIN – 722101, MOB.- 943401164….since expunged

2.Manager, M/S Sarkar Brick Field, Sri Jayanta Ghosal S/O- Biswanath Ghosal Vill.- Ankurabad, P.O. – Sendra, P.S. & Dist.- Bankura, PIN – 722155, Mob.- 9474932883.

                                                                                   

                                                                                            FINAL ORDER / JUDGEMENT                                 

 

Order No.12

Dated:18-12-2024

Complainant files hazira through Advocate.

No step is taken by O.P. who has been found absent on repeated call.

The case is fixed for Ex-Parte hearing.

The Complainant’s case is that he being a retired Govt. employee entered into an agreement dated: 28/11/2022 with O.P./Messrs Sarkar Brick Field for purchase of best quality bricks of 18 Carriages and paid the entire consideration money of Rs.2,10,000/- for the same and out of 18 Carriage bricks he received only 11 Carriage bricks but despite several reminder and persuasion O.P. did not supply him 7 Carriage bricks. The Complainant has therefore approached this Commission for refund of 7 Carriage bricks amounting to Rs.81,662/- with compensation and litigation cost.

O.P. No.1/Messrs Sarkar Brick Field represented by the Owner/Proprietor Joydev Sarkar is reported to have expired on 30/04/2024 prior to filing of the instant case and O.P. No.2/Jayanta Ghosal is the Manager of said Brick Field on whose behalf appearance was made before this Commission through Advocate by filing Vokalatnama but no Written Version has been filed by O.P. No.2 till date.

                                                                                                                                                                                            Contd…..p/2

Page: 2

O.P. No.2 being the Manager of the said Brick Field has been allowed to contest the case on behalf of O.P. No.1 on his death and an order has been passed by this Commission to that effect on 18/07/2024 expunging O.P. NO.1 from the Cause Title of the case.

Ld. Advocate for O.P. No.2 gave a proposal for settlement of the case apart from filing Written Version but ultimately no step was taken by O.P. No.2 for disposal of the case.

Perused the petition of complaint and all the documents on record.

Prima facie case of the complainant is well established.

O.P. No.2 who is looking after the business of O.P. No.1, deceased, since expunged, he is under law bound to either supply the 7 Carriage bricks to the Complainant as agreed upon or to refund the price thereof amounting to Rs.81,662/- to the Complainant. O.P. No.2 has in fact dragged the case for final disposal with the false plea of settlement and he has no defence to contest the case as the Agreement dated: 28/11/2022 which is on record clearly establishes the complaint case and O.P. No.2 cannot avoid his liability for the reliefs as prayed for in this case.                                                                                                    

                       Hence it is ordered…….

That the case be and the same is allowed Ex-Parte against O.P. No.2 but without cost.

O.P. No.2 is directed to refund Rs.81,662/- with litigation cost of Rs.8,000/- within a month from this date in default law will take its own course.

Both parties be supplied copy of this Order free of cost.

 

      __________________                                   ________________         

 HON’BLE   PRESIDENT                            HON’BLE    MEMBER