1. Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.P.s for payment of his claimed amount alongwith compensation.
2. The case of the complainant is that he was doing mobile recharge business under the O.Ps since last 2 years. After deposit of amount the O.P. will provide easy charge on the same amount in favour of the complainant. On 25.11.2015 the complainant had transferred Rs.10,000/-(Rupees ten thousand) only to the account of the O.P.No.1 from the account of his brother Hrudananda Meher to provide recharge on the same amount in favour of the complainant. The O.P will not provide the easy charge which he had taken from the complainant. At last on the advice of the O.P.No.2 , the O.P.No.1 had given a cheque vide No.000096 dtd.7.12.2015 for Rs.10,000/-in the name of the complainant. The complainant had deposited the same cheque before the O.PNo.3 for withdrawal of the same amount.The staff of the O.PNo.3 advised the complainant to deposit Rs.400/- as there was shortage of amount in the account of the O.PNo.1.The complainant has deposited the shortage amount of Rs.400/- on 10.12.2015, but at last the O.PNo.3 had given a slip that the cheque amount could not given as the O.PNo.1 requested on 7.12.2015 for destruction of the said cheque .At last the complainant filed this case against the O.Ps for a direction for payment of his claimed amount alongwith compensation.
3. After being, noticed, the O.P No.1 appeared through his advocate but could not filed counter in this case and became set ex-parte.The O.P.No.3 appeared in this case and mentioned that the case is not maintainable against him. The O.PNo.3 admits the presentation of the cheque so also the deposit of Rs..400/- on 7.12.2015 and further O.P submits that the cheque amount was not given to the complainant as per the submission of the O.P.No.1 and pray for dismissal of the case.
4.The complainant files documents like Xerox copy of the cheque issued by the O.PNo.1 in favour of the complainant dtd.7.12.2015 and also one receipt payment of Rs.400/- by the complainant in favour of the account of the O.P. No.1.The O.P.No.3 also given a slip in favour of the complainant that the cheque has been destroyed as per request of the O.PNo.1 on dt.7.12.2015.
5. The point for determination of the case whether the complainant is a consumer against the O.Ps and whether the O.P. caused any deficiency of service and unfair trade practice against the complainant.
6.The O.PNo.1 though appeared in this case did not file counter which proves that he has nothing to say against the allegation made by the complainant. From the counter of the O.P.No.3, it is admitted that the O.PNo.1 had issued a cheque Rs.10,000/- in favour of the complainant and also it proved that the complainant had deposited Rs.400/- for receiving of his claimed amount from the O.PNo.1.The O.P.no1 had not taken any steps till today for payment of the claimed amount of Rs.10,000/- in favour of the complainant which proves deficiency of service and unfair trade practice made by him.
Taking into consideration of the case of the complainant and submission made by O.P.No.3 we direct the O.PNo.1 to pay Rs.10,000/-(Rupees ten thousand) only in favour of the complainant alongwith Rs.2,000/-(Rupees two thousand) only as compensation and cost of litigation within one month from the date of this order, failing which the complainant is at liberty to take step against the O.P. for realization of awarded amoumt.The case against the O.P No.2 and 3 is dismissed without cost.
Order pronounced in the open court under the seal and signature of the forum this the 22th day of March, 2017.
