FA/2009/246. Case: Sri. Giridharilal Ghosh, Proprietor of Ghosh Xerox Center Vs Sri. Ashish Chatterjee, S/o Sri. Nrisingha Prasad Chatterjee. West Bengal State Consumer Disputes Redressal Commission
| Case Number | FA/2009/246 |
| Counsel | For the Appellant: Sri. Barun Prosad, Advocate and For the Respondent: Sri. Dilip Adak, Advocate |
| Judges | Sri. Aloke Chakrabarti, President and Smt. Silpi Majumder, Member |
| Issue | Consumer Law |
| Judgement Date | September 04, 2009 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
S. Majumder, Member
This appeal has been preferred by the Appellant-OP being aggrieved by the judgment passed by the Ld. District Forum, Nadia, on 29.05.2009, in the case no-CC/2008/39, wherein the Forum below allowing the complaint on contest with cost of Rs.500/- has directed the OP to refund a sum of Rs.10,000/- or to hand over the share certificates mentioned above to the tune of Rs.10,000/- to the Complainant within a period of 30 days from the date of passing the judgment and the OP was further directed to pay compensation for a sum of Rs.5,000/- to the Complainant. The Forum has directed the OP to pay the above-mentioned amounts totaling Rs.15,500/- to the Complainant within 30 days from the date of the judgment, failing which the entire amount would accrue interest @10% p.a. from the date of passing the judgment by the Forum below till the date of making payment of the entire amount to the Complainant.
The fact of the case of the Complainant before the Forum below was that he paid a sum of Rs.10,000/- to the OP, an agent of LICI for purchasing share certificate (Market Plus of LICI) in presence of his wife and Sri. Amio Bhusan Biswas, Tarun Dey on 05.01.2008. But he did not obtain any written document from the said agent against payment of Rs.10,000/-. On 12.01.2008 the Complainant went to the house of the OP for receiving the said certificate and on demand the OP refused the acceptance of Rs.10,000/- and did not refund the money or the certificate. He lodged an FIR on 25.02.2008 with the Kotwali Police Station. Being failure to obtain the money or certificates he has filed this complaint with the prayer for a direction to refund a sum of Rs.10,000/- or to give a LICI Market Plus certificate and cost of Rs.5,000/-.
In the grounds of appeal the Appellant has stated that the Forum below has deliberately failed to consider the fact that the Complainant-Respondent herein has failed to produce any documentary evidence to substantiate the fact that he has paid an amount of Rs.10,000/- to the Appellant for purchasing LICI certificate. It has been contended by the Appellant that the Forum below has failed to observe that the Appellant has committed deficiency in service in this case and for which the OP-Appellant is liable to refund the amount along with cost and compensation. The Ld. Counsel for the Appellant has submitted that the Forum ought to have considered the fact that legal notice sent by the Complainant, where the...
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