Orissa

Cuttak

CC/48/2015

Sk Sohrab Ali - Complainant(s)

Versus

Sri Abhaya Parida - Opp.Party(s)

21 Jul 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.48/2015

 

Sk. Sohrab Ali,

Vill:Bahadulapatna,PO:Bahugram,

P.S:Jagatpur,Dist:Cuttack.PIN-754200,

ODISHA,.                                                                                       … Complainant.

 

Vrs.

Sri Abhaya Parida,(Abhi),

S/O:Late Brundaban Parida,

Vill:Gunthupada,PO:Bahugram,

                  Dist:Cuttack, PIN-754200,

ODISHA.                                                                                           … Opp. Parties.

 

Present: Sri Bichitra Nanda Tripathy,Presiding Member.

Smt. Sarmistha Nath, Member.

 

Date of filing: 24.04.2015

Date of Order: 21.07.2016

 

Mr. Bichitra Nanda Tripathy,Presiding Member.

 

                This is a dispute wherein the complainant has alleged deficiency in service and also unfair trade practice on the part of O.P.

1. Shortly the complaint is that, the complainant Mr. Sk. Soharab Ali of Village: Bahadulapatna, PO: Bahugram, Dist: Cuttack was in search of a carpenter for carpentry work.  Sri Abhaya Parida(O.P) of Vill:Gunthapada,P.O:Bahugram,Dist:Cuttack was familiar to the complainant and was known in the locality as a carpenter who use to provide service to the customers by visiting door to door.  On 6.7.2013 the O.P came to the house of the complainant and agreed to do the required carpentry work of the complainant Mr. Sk. Soharab Ali.  The O.P was advanced with a sum of Rs.1300/- i.e. Rs.700/- in shape of cash and Rs.600/- in shape of woods (some woods were available with the complainant which was taken by the O.P and was valued at Rs.600/-).  The O.P also submitted an estimate giving details of work required to be completed.  Although the O.P had also agreed to start the work w.e.f 8.7.2013 and complete the same within one month – he did not.  The complainant frequently requested the O.P (carpenter) to complete the work – but in vain.  On 24.1.2015, the complainant served a registered notice on the O.P to complete the work as agreed upon but it yielded no result.  Finding no other way, the complainant took shelter under this Hon’bleForum. He has prayed for repayment of Rs.1300/- with interest by the O.P amounting to Rs.283/-, Rs.5000/- towards mental agony and loss, Rs.500/- towards cost of litigation (total Rs.7083/-).

Observations.

1. We have gone through the case carefully.  The complainant produced a hand written receipt which is alleged to be given by the O.P. and the said receipt indicates that the O.P has received Rs.700/- as cash and in shape of wood valued at Rs.600/-(thus total Rs.1300/- in cash and kind) from the complainant.  Even if he had agreed to complete the carpentry work of the complainant, he has not cared to complete the same.  It is also alleged that the O.P is in habit of taking advance from various people of the said locality-but neither doing their work- nor refunding their money.
2. In the present case, though several opportunities have been given to the O.P he neither appeared nor contested the dispute.  In such a situation we are constrained to accept the statement given by the complainant as uncontroverted and also presume that the O.P has nothing to say further in his defense in view of the observation of appellant forums as stated below.

1. 20032 – CLT- Vol-96, P-15-para-4, C.D No.37/2002(SCDRC, Odisha).

“Absence of written version – Commission is bound to accept the uncontroverted statement made in the complaint.”

2. 2013(1) CPR – 507-N.C.

“In case written version not filed after several opportunities it has no defense on merit.”

Basing on the facts and circumstances as stated above and to meet the ends of justice, we allow the dispute against the O.P.

                                                                         ORDER

This dispute is allowed against the O.P.  The O.P Sri Abhaya Parida will refund a sum of Rs.1300/- to the complainant. The O.P will also pay Rs.1500/- towards compensation and mental agony including cost of litigation.  The O.P. is also directed to make the above payments to the complainant within 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Forum as per the provisions of C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 21^st  day of July, 2016 under the seal and signature of this Forum.

 

                         (Sri B.N.Tripathy )

                                                                                                                                       Presiding Member.

 

 

                                                                                                                                            (Smt. Sarmistha Nath) 

                                                                                                                               Member(W).