RITA BHATTACHARYA Vs. MINTU BARUA CHOWDHURY @ MINTU CHOWDHURY

JUDGEMENT

(1.) THE District Forum, North 24 Parganas in its order dated 28.5.2009 passed in case No. 172 of 2006 allowed the complaint in part on contest with cost. The OP who is the respondent before us was directed to refund an amount of Rs. 50,348 with interest @ 10 % p.a from 26.9.2006 till realization to the Complainant. The OP was further directed to pay Rs. 1,000 towards cost of litigation. A period of 30 days was allowed for payment of the decretal amounts. It appears that a counter appeal has been filed by the Respondent, Mrs. Rita Bhattacyaryya who was the Complainant before the Forum below against the same order dated 28.5.2009 passed in case No. 172 of 2006 by the District Forum, North 24 Parganas. We have heard both the cases together as they originated from the same order of the Forum below. The instant judgment shall govern both the cases.

(2.) THE case in brief was that the husband of the Complainant, Mrs. Rita Bhattacharyya engaged the OP/Appellant for supplying building materials for construction work of her house. One labour contractor of local area, Md. Ismail was also appointed through an agreement. The Complainant's husband, on the basis of a verbal agreement, paid Rs. 1,03,000 to the OP by instalments through cheques and Rs. 44,862 by cash totalling an amount of Rs. 1,47,862 for supplying building materials and also for construction of the proposed building with promise to pay further amount of money when required. The OP supplied building materials for construction to the tune of Rs. 37,790 + 27,862 totalling Rs. 65,652. It was also stated by the Complainant that the building materials were of sub -standard quality. The OP could not subsequently supply further building materials for which construction work had to be kept suspended. The Complainant procured building materials from other sources and engaged other working persons. The OP neither supplied the building materials nor refunded the money paid to him by the Complainant. Hence the case praying for a direction upon the OP to refund the balance part of the advance money of Rs. 82,210 with interest along with compensation and cost.

(3.) THE case was contested by the OP by filing WV denying all the material allegations and claimed that the Complainant was required to pay Rs. 12,542 with interest as the same amount remained unpaid to the OP. It was further mentioned by the OP that every time during supply of building materials, the husband of the Complainant never made any objection for quality and quantity of the materials. He signed the challans without making any objections.