West Bengal

Dakshin Dinajpur

CC/11/3

Uttam Datta - Complainant(s)

Versus

Swapan Kumar Sharma - Opp.Party(s)

Ld.Adv

29 Apr 2011

ORDER

District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present

Sri B. Niyogi - President

Sri S. K. Ghosh- Member

Miss. Swapna Saha - Member

Consumer Complaint No. 3/2011

Sri Uttam Datta,

S/o- Lt. Suresh Chandra Datta

Ward No. 13, C.R. Polly, P.O. & P.S.:-Gangarampur,

Dist. Dakshin Dinajpur – 733124 ………Complainant

V-E-R-S-U-S

Sri Swapan Kumar Sharma,

S/o Lt. Jitendra Nath Sharma,

Ward No.13 (Near Registry Office)

P.O. Gangarampur, P.S. Gangarampur.

Dist. Dakshin Dinajpur- 733124 …………………Opposite Party

For the complainant ……………… - In person.

For the OP …………………… - NONE

Date of Filing : 10.02.2011.

Date of Disposal : 29.04.2011

Judgment & Order dt. 29.04.2010

Instant CC case bases upon a complaint u/s 12 C.P. Act brought by the complainant Sri Uttam Dutta on 10.02.2011 against the sole OP - Sri Swapan Kumar Sharma alleging deficiency in service.

Complainant’s case as it appears from the POC, in brief, is that the OP has been a supplier of grills etc. running business under the name and style of M/s. Alfa Grill Factory at Gangarampur within PS - Gangarampur. The OP agreed to supply some grills to the complainant as per quotation made by the OP and received from the complainant a sum of Rs.20,000/- as advance. It was agreed that the OP would supply the said grill within two months from by 26.12.2010. Despite receipt of advance payment by the OP and repeated requests made from the complainant the OP did not deliver any of the grills. The complainant issued a legal notice to OP on 19.01.2011 by registered post with A/D requesting to deliver the same within the 15 days or to refund soon the amount of money which had been received by way of advance and threatening to file a suit in default on his part.

The OP failed to deliver the grills or to pay back the amount. In such premises the complainant brought the complaint praying for refund of the amount of advance paid by him, compensation for harassment and mental agony caused to the complainant and costs of litigation.

It appears from the case record that the notice of this proceeding was duly served upon the OP. But the OP failed to appear in the proceeding in terms of the notice or to contest the same. In the situation the proceeding proceeded ex-parte.

The following point thus comes up for determination :-

POINTS

1. Should the reliefs sought for in the complaint be granted ?

Decision with reasons

The averments made in the complaint have been verified by the complainant himself. In support of the averment made in the complaint complainant also annexed to his POC a number of documents which include copy of quotation purported to have been granted by the OP as Annexure-A, that of a declaration in writing made by the OP agreeing to supply the grills as Annexure-B, a copy of letter issued by the complainant seeking advance payment as Annexure-C, a receipt of payment of an amount of Rs.20,000/- purported to have been granted by the OP as Annexure-D, a copy of letter dt. 20.12.2010 as Annexure-E, a copy of letter dt. 19.1.11 as Annexure-F.

That apart, the complainant also got him examined as PW-1 and brought on record as documentary evidence, beside others, the original receipt payment of advance as Ext.4, and the copy of the complainant’s notice dt. 19.1.11 demanding delivery the grills as Ext.6.

It has been the unchallenged testimony of the complainant as PW-1 that the OP agreed to supply him some grills and received payment of an amount of Rs.20,000/-. Such claim of the complainant is again in consonance with the copy of receipt of payment – Ext-4 and with the declaration in writing made by the OP brought on record as Ext. 2. It can, therefore, be regarded that the complainant hired from the OP the service of supplying some grills for consideration and that the complainant thus became a ‘consumer’ contemplated in Sec.2 (1) (d), CP Act.

The recital in the declaration in writing made by the OP brought on record Ext. 2 goes to indicate that the OP agreed to supply grills within two months i.e. by 26.12.2010.

It has also been the unchallenged testimony of the complainant that even though the agreement was to deliver the grills within two months, the OP has not supplied such grills despite the repeated requests made therefor. Such being the situation it has to be inferred that there was deficiency in service on the part of OP.

The complainant in course of his examination as PW-1 prayed for refund of the amount of Rs.20,000/-, compensation and costs of this proceeding. From a consideration of the circumstances, we do not find reason to turn down the prayer for refund of the amount, compensation and costs of the proceeding.

The complainant’s in his POC prayed for compensation of Rs. 50/- per day for the mental agony and harassment suffered by him. Such claim in our view appears to be on the higher side. We think compensation of an amount of Rs.2,500/- would meet the ends of justice. We also allow an amount of Rs.350/- towards the costs of this proceeding.

The point is thus answered.

It appears from the endorsement on the postal A/D. card concerning the notice meant for the OP that the OP refused to receive the notice on 18.2.11. It is also seen that such refusal has been deemed be service of the notice upon the OP. Instant proceeding is thus getting disposed of within three months from the service of notice upon the OP.

Under such circumstances it is.

O R D E R E D

That the complaint u/s 12 CP Act brought by the complainant Sri Uttam Dutta on 10.2.11 is allowed ex-parte.

The OP shall pay to the complainant a sum of Rs.20,000/- by way of refund of the amount paid to him by the complainant, a sum of Rs.2,500/- by way of compensation and further a sum of Rs.350/- towards the costs of this proceeding within 30 (thirty) days from the service of copy of this order upon him.

In default of making payment by the period aforesaid, the OP shall be liable to pay further interest over the sum remaining unpaid @ 15% p.a. w.e.f. the expiry of the said period of 30 days.

In the event of non compliance of this order within the said period of 30 days from the service of copy of this order upon the OP, the complainant shall have the liberty to put this order in execution.

Let plain copies of this order be supplied to the parties forthwith free of cost.

As the proceeding proceeded ex-parte against the OP, the copy meant for the OP be sent by registered post with A./D.

Dictated & Corrected

……Sd/-…….

(Swapna Saha)

Member

We concur

………Sd/-…….

(B. Niyogi)

President

……..Sd/-……

(S.K. Ghosh)

Member