Date of Filing           : 28.02.2019

Date of Disposal      : 18.06.2019

:    JUDGMENT & ORDER  dtd. 18.06.2019   :        

This is a case against Sahidul Islam Karikar, S/o Surat Ali Karikar owner of SSK Brick Field, Talukhuda, Chapra, Nadia filed by Golam Halsana, S/o Late Boksha Biswas. 

The facts of this case are as under:-

The complainant, Golam Halsana paid Rs. 61,000/- on 05.07.2018 for purchasing 10000 number of bricks from the OP.  The money was received by the OP as per the receipt dtd. 05.07.18 and issued by the OP (SSK Brick Field ) which was filed by the complainant before this Forum, but the bricks were not supplied to the complainant after expiry of prescribed period of time. 

Hence, the complainant had to knock at the door of the Forum on 28.02.19 by filing a complaint with prayer to pass an order for Rs. 61,000/- as principal amount, to pass an order for consideration amount of Rs. 70,000/- as the present market value of 10000 number of special bricks @ 7000/- per thousand bricks, compensation of Rs. 20,000/- & 25,000/- for mental agony and physical harassment and litigation cost. 

The OP did not appear before the Forum and did not contest this case by filing any written version, so the case was fixed ex-parte hearing.

The complainant filed the instant case supported by affidavit for getting his proper relief.  The complainant has filed an affidavit-in-chief in support of his claim and appeared as PW 1.

The unchallenged testimony of the complainant has proved the case of the complainant that he paid the aforesaid amount to the OP, but the OP neither paid back the money nor supplied the bricks. 

The complainant has proved his case by evidence and also by submission of document, i.e., receipt dtd. 05.07.18 (Annexure – 1).  Complainant, Golam Halsana paid Rs.61,000/- to the OP on 05.07.18 for purchase of 10000 number of bricks, but the OP  neither paid back the money nor supplied any bricks.   Hence, the complainant is entitled to get relief from the OP. 

Hence, it is

Ordered,

That the OP is hereby directed to refund of Rs. 61,000/- as principal amount to the complainant along with interest @ 10% p.a. from 05.07.18 accrued thereon within 30 days from the date of this order, failing which a further interest @ 10% p.a. shall be imposed on the total amount up to the date of this order. A compensation of Rs. 10,000/- for mental agony and physical harassment and Rs.10,000/- as litigation cost are to be paid to the complainant by the OP within 30 days from the date of this order.

The case be and the same is allowed ex-parte against the OP. 

            Let a plain copy of this judgment be supplied to the parties forthwith free of cost.