State Consumer Disputes Redressal Commission
Indranil Mukherjee vs Abhradeep Basumallick on 3 November, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/224/2016 (Arisen out of Order Dated 13/08/2015 in Case No. Complaint Case No. CC/169/2015 of District South 24 Parganas) 1. Indranil Mukherjee S/o Tapan Mukherjee, 200F, S.P. Mukherjee Road, Kolkata - 700 026. 2. Mrs. Gopa Mukherjee W/o Indranil Mukherjee, 200F, S.P. Mukherjee Road, Kolkata - 700 026. ...........Appellant(s) Versus 1. Abhradeep Basumallick S/o Lt. Asit Basumallick, 154/B, Linton Street, Kolkata - 14. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. Prasanta Banerjee, Advocate For the Respondent: Nilufar Bagum., Advocate Dated : 03 Nov 2017 Final Order / Judgement
Sri Shyamal Gupta, Member This Appeal is directed against the Order dated 13-08-2015 passed by the Ld. District Forum, South 24 Parganas in CC/169/2015.
In a nutshell, case of the Complainant before the Ld. District Forum was that he assigned the OPs to do interior decoration of his schedule premises. It was the further case of the Complainant that he paid a sum of Rs. 7,83,000/- to the OPs for this purpose. However, the OPs barely completed 20% to 25% of the assigned job. All his petitions with the OPs to execute the balance job in right earnest being went in vain, left with no other alternative, the complaint was filed.
The notice being returned with postal remark 'not claimed', holding it as good service, the Ld. District Forum decided the matter ex parte against the OPs.
Decision with reasons Heard both sides and perused the material on record.
It is claimed by the Ld. Advocate of the Appellants that there was no question of refusal of notice at the given address since the landowner broke open and removed their belongings illegally and since then the said office was under lock and key as the matter was under investigation. As such, the Appellants could not run their business properly since February, 2015.
It appears from the photocopies of GDs lodged with local Police Station by the Appellant No. 1 that in view of a dispute between the parties, smooth functioning of the business of the Appellants got hampered since February, 2015 and as it appears, the instant complaint was filed before the Ld. District Forum in April, 2015. Therefore, there remains an element of doubt as regards due knowledge of the Appellants regarding the summon issued by the Ld. District Forum.
Further, it appears that the Ld. District Forum directed the Appellants to pay the entire money paid by the Respondent together with some other reliefs although admittedly, the Appellants completed 20% to 25% of the scheduled job.
In this regard, it is also important to keep in mind that for proper adjudication of the dispute, it was of paramount importance that the extent of work done by the Appellants was determined through local inspection by appointing an Engineer Commissioner for this purpose because sheer speculation cannot be the bedrock of any judicious decision.
Considering all these aspects, we are of view that ends of justice would be met if the matter is remanded to the Ld. District Forum for adjudication of the dispute afresh after conducting local inspection through a competent Engineer Commissioner with due intimation to the Appellants. The Respondent shall bear all incidental cost for this purpose. We, however, make it clear that in case the Appellant does not attend proceedings before the Ld. District Forum regularly and remains absent when the date of local inspection would be fixed by the Ld. Disctrict Forum, he would do so at his own peril.
The Appeal, thus, succeeds in part.
Hence, O R D E R E D That the Appeal stands allowed on contest in part. Ld. District Forum is directed to adjudicate the matter afresh after going through the report of the Engineer Commissioner. Parties to appear before the Ld. District Forum on 12-12-2017. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER