Ld. Advocate(s)
For Complainant: Safikul Alam
For OP/OPs : None
Date of filing of the case :25.10.2019
Date of Disposal of the case :06.03.2023
Final Order / Judgment dtd.06.03.2023
Complainant Jamat Ali Mallick files the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for refund of amount of Rs.2,53,978.00 (Rupees Two lakh fifty three thousand nine hundred seventy eight), Rs.30,000.00 (Rupees thirty thousand) as compensation and cost of the case.
It is the allegation of the complainant that he on 03.09.2015 paid Rs.2,53,978.00 (Rupees two lakh fifty three thousand nine hundred seventy eight) to the OP No.1-4 and they issued three receipts. It was settled that opposite parties will return those amount in favour of the complainant within 03.10.2016 or they would gave bricks for the aforesaid amount. But till 03.10.2017 opposite parties did not return aforesaid amount nor they gave the bricks in favour of the complainant. OP No.1,2,4 appeared in this record on 22.08.2022 through Ld. Adv. Shirsendu Das. OP No.3 appeared in this record on 05.12.2022 through Ld. Adv. Shirsendu Das but he did not file W/V in this record.
On perusal of order dated 11.10.2022 we find that case is running ex-parte against OP No.1-4.
Trial
During trial complainant Jamat Ali Mallick filed affidavit in chief and also produced certified copy of one receipt as the said document has filed in the court of J.M. 3rd Court Krishnagar in connection with the case number 1266C/16.
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 22.02.2023.
(3)
Decision with Reasons
It is the allegation of the complainant that he paid Rs.2,53,978.00 (Rupees two lakh fifty three thousand nine hundred seventy eight) in favour of the opposite parties and they issued on receipt in his favour. Complainant produced the certified copy of the said document.
On perusal of the said document dated 03.09.2015, we find that said document contains signature of the complainant and signature of the OP No.1. evidence of the complainant is nothing but unchallenged testimony. So we do not find any reason to dissolve the aforesaid evidence of the complainant and documents of the complainant.
On perusal of the contents of the said documents we find that opposite parties were agreed to supply bricks of the said amount to the complainant within 03.10.2016. As per argument of the complainant OP No.1-4 did not give the bricks of the aforesaid value.
From the contents of the aforesaid complainant we find that complainant is the consumer and OP No.1-4 are the service provider. We also find that complainant filed this case on 25.10.2019 and cause of action he has arisen on 03.10.2017, so we find that present case has been filed within the period of limitation.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established his case. So necessary direction should be given to OP No. 1-4 for payment of aforesaid amount with interest
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP No.1-4 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP No. 1-4 in favour of the complainant.
OP No.1-4 jointly or severally are directed to refund Rs.2,53,978.00 (Rupees two lakh fifty three thousand nine hundred seventy eight) along with interest @ 9% per annum from 03.09.2015 to till the date of actual payment within one month from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-4 jointly or severally are directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
(4)
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 No.1-4 for compliance.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
