(As Per A.A.Jain, Hon’ble Member)

                                                   

1                    Complainant filed this complaint for recovery of Rs.12465/- as cost of cement paid in advance with Rs.25000/- on account of damages and mental harrassment charges etc.

2                    Complainant’s case in short is that the complainant no.1 is widow of Gunilal Sakhare and complainant No.2 is daughter of Gunilal Sakhare who died on 11-08-2006. Thus both  the complainants are legal heirs of Gunilal Sakhare. Her husband has started the construction of house in the month of January 2006 and for that purpose he started purchasing cement from Sonendra Traders, Kumbhartoli Gondia.

The O.P. agreed to supply cement by taking advance payment. In the  site of complainant there was no storage facility so the complainant No. 1’s husband was to deposit amount of cement in advance and O.P. arranges to supply the cement. Complainant’s husband deposited Rs.12465/- to O.P. for purchase of 75 bags of cement for using it in his house for ‘slab’ which was to be done on 08-05-2006.

At the time of slab O.P. failed to supply the cement and assure him that he will supply cement on next day i.e. on 09-05-2006 due to non reaching of truck. Complainant believed on that, arranged labours, Beldar for next day 09-05-06 for construction of slab at his house. Butagain O.P. failed. So complainant has purchased cement from another dealer at higher rate and did his slab work. But O.P. neither supplied cement nor refunded the amount deposited, on 13-07-2006 even after so many requests and demands and notices. That, the complainant No.1’s husband died on 11-08-2006 . As such the complainants No. 1 and 2 being his L.Rs.filed the instant complaint.

3                    In response to notice u/s 13 of C.P.Act 1986, O.P. appeared through his advocate Shri Neeraj Gajbhiye on dated 06-11-2006 and filed application for adjournment for reply. Application of O.P. allowed as ‘last chance’ (Ex.9, 10). On next date i.e. 15-11-2006 O.P. failed to file reply and again moved application for adjournment. Application allowed subject to cost  Rs.100/- and depositing this amount in C.L.A.A.O.P. paid cost of Rs.100/- (Ex.11). Again on next date i.e. 22-11-2006 O.P. present through his advocate and filed application for adjournment (Ex.12). Application allowed for last chance subject to cost Rs.200/- to be paid to consumer legal Aid account. But O.P. failed to deposit amount of Rs.200/- on dt 29-11-2006 and 06-12-2006 O.P. not present, so complaint proceed without reply of O.P.

4                    On dated 14-12-2006 complainant’s argument was heard.

5                    On verifying all the record and pleading of complainant, only one point arise for our determination that whether complaint is entitled for claim as sought in prayer and our finding is in affirmative due to following reasons.

6                    Complainant No. 1 and 2 are legal heirs of late Shri Gunilalji Sakhare. After his death on 11-08-2006 his widow and daughter have filed complaint against O.P.

7                    It is crystal clear that complainant have deposited Rs.12465/- to O.P. on dated 25-02-2006, 26-03-2006, 17-04-2006 against supply of 75 bags of cement for construction (slab) of his house. All bills from O.P. have been placed on record as Doc.No.1, 2, 3. But O.P. failed to supply the same at the time of construction of slab as agreed. So the complainant’s husband had to purchase cement from another cement dealer and his bill has also been placed on record Doc.No.4(a). That the O.P. even failed to return back the amount deposited by the complainant’s husband despite demand and notice dt.12-07-2006 so this is clearly deficiency in services on part of O.P. so we proceed to pass following order.