West Bengal

North 24 Parganas

EA/73/2015

Sri Pritam Chowdhury,S/o Lt. Prashanta Kumar Chowdhury - Complainant(s)

Versus

Tripati Institute of Hotel Management - Opp.Party(s)

26 Jun 2018

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Execution Application No. EA/73/2015
( Date of Filing : 20 Feb 2015 )
In
C/494/2012
 
1. Sri Pritam Chowdhury,S/o Lt. Prashanta Kumar Chowdhury
Sarat Bose Lane,Chadpur Pally,P.O.-Rajbari Colony,P.S.-Airport
...........Appellant(s)
Versus
1. Tripati Institute of Hotel Management
148 Jessore Road,Satgachi More,4th Floor,Dumdum,Kol-74
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Bankim Chandra Chattopadhyay PRESIDENT
 HON'BLE MS. Shilpi Majumdar MEMBER
 
For the Appellant:
For the Respondent:
Dated : 26 Jun 2018
Final Order / Judgement

DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

E.A. No – 73/2015

Arising out of the C. C. CASE NO- 494/2012

 

Date of Filing                                                                                                      Date of Disposal

20.02.2015                                                                                                       26.06.2018

                                           

Dhr/s:-                           1.       Sri Pritam Chowdhury,                                                                                       S/o. Late Prasanta Kumar Chowdhury,                                                                  Sarat Bose Lane, Chandpur Pally,                                                                         Mathpara, P.O. Rajbari Colony,                                                                                       P.S. Airport, Dist- North 24 Pgs,                                                                           Kolkata- 700081.                                                     

 

                                                                                                                 

  =Vs.=

 

 

Jdr/s:-                            1.       Tirupati Institute of Hotel                                                                                   Management, 148, Jessore Rd,

Satgachi More, 4th Floor,

Dum Dum, Kol-700074.

 

2.       Pravat Mondal,

C/o. Mrs. Purabi Mondal,

                                                30, R. K. Samadhi Road,

                                                L.I.G. Housing Estate, Flat No.9,Block-H,

(near Bengal Chemical Kankurgachi),

Kolkata-700054.

 

 P R E S E N T:-    Sri. Bankim Chandra Chattopadhyay…………… President.

                 Smt.  Silpi Majumder………….        …….           ……………Member.

 

Order No. 22

 

This record is placed in view of the put up petition filed by the Jdr. today by filing one petition the Jdr has submitted that he is inclined to comply with the remaining order under execution.

 

In the order under execution the Jdrs are directed jointly and severally to refund an sum of Rs. 70,000/- to the complainant-Dhr along with interest  @ 6% till the final payment within two months from the date of this Order. The OPs were further directed to pay a sum of Rs. 20,000/- to the complainant-Dhr on account of mental agony, pain, anxiety, unnecessary harassment and loss of Academic Year of the Dhr and also Rs. 5,000/- as litigation cost to the Dhr within two months from the date of this order. The OPs-Jdrs were directed to comply with the abovementioned order within 60 days from the date of this order, failing which a further punitive damage @ Rs. 100/- per day for each day’s delay will be imposed for disobeying Forum’s order and the said amount shall have to be paid to the SCWF.

 

Cont…….2/-

:2:

 

 

This order was passed by this Ld. Forum on 08.08.2014 in the CC No- 494/2012.

 

On 01.06.2018  the Jdr 2 deposited a sum of Rs. 70,000/- by Demand Draft in the name of President, DCDRF, Barasat, 24 Parganas (N)

 

Today the Office of this Ld. Forum has computed the calculation, which the Dhr and the SCWF are entitled to get from the Jdrs. The Office has given a report on the margin of the case record that the Dhr is entitled to get a sum of Rs. 41,450/- from the Jdrs. The Jdr has deposited two Demand Drafts in favour of the President DCDRC, Barasat, 24 Parganas (N) for Rs. 7,650/- drawn on UBI, New Manicktala Branch bearing no- 475839 dt. 26.06.2018 and another drawn on Dena Bank, Manicktala Branch bearing no- 468028 dt. 19.06.2018 for Rs. 34,000/-. Therefore the Jdr has deposited a sum of Rs. 41,650/- through the said two Demand Drafts, out of which the Dhr is entitled to get a sum of Rs. 41,450/-.  The Jdr has submitted another Demand Draft drawn on UBI, New Manicktala Branch for Rs, 1,35,700/- bearing no- 475835 dt. 25.06.2018 in the name of President, DCDRC, 24 Parganas (N) , Barasat, which the Jdrs are under the obligation to deposit in the A/C of SCWF.

 

In view of such payment as mentioned earlier in our view that the Jdrs have complied with the entire order under execution.

 

As the Jdrs have complied with the entire decreetal amount by making payment the same to the Dhr as well as the SCWF, hence this record need not be placed on 09.08.2018 as fixed earlier.

 

Hence the execution application being no- 73/2015 is disposed of on full and final satisfaction.

 

The Dhr is at liberty to withdraw the amount of Rs. 70,000/- and Rs. 41,450/- from the Office of this Ld. Forum by making prior application and in accordance with Law.

 

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

 

 

Member                                                                                            President

 

Dictated and corrected by

 

 

 

 
 
[HON'BLE MR. Bankim Chandra Chattopadhyay]
PRESIDENT
 
[HON'BLE MS. Shilpi Majumdar]
MEMBER

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