CHIEF EXECUTIVE OFFICER, RELIANCE COMMUNICATIONS LIMITED AND ORS Vs. DELWAR ALI KHAN S/O RAMJAN ALI KHAN AND ORS

JUDGEMENT

(1.) THIS appeal has been directed against the judgment passed by the Ld. District Forum, Paschim Medinipur, on 06.12.2010, in the case no -51/2010, wherein the Ld. Forum below allowing the complaint on contest has directed the OP -1 to refund a sum of Rs.50,000/ - with interest @ 8% p.a. from the date of receipt thereof till date to the Complaint and to pay compensation of Rs.10,000/ - due to deficiency in service within two months from the date of communication of this judgment, failing which the OP -1 would pay interest on the amount due @ 12% p.a. till payment. The OP -1 was further directed to pay Rs.2,000/ - towards litigation cost to the Complainant within the above mentioned stipulated date.

(2.) BEING aggrieved by the abovementioned judgment the OP -1 -Appellant has preferred the present appeal before this Commission contending that the Ld. District Forum by denying the right of the Appellant to adduce any evidence has violated the principles of natural justice and thereby passed the order which is not proper and in accordance with law. The Ld. District Forum has violated all the provisions as laid down in the Consumer Protection Act, 1986 the Ld. Forum below has passed the order entirely on the basis of pleadings and documents without considering the oral evidence for which a petition was filed by the Appellant before the Ld. Forum below. It has been stated in the grounds of memorandum of appeal that Ld. Forum below has failed to consider that evidence was very much crucial and vital for defense of the Appellant and by rejecting the petition praying for adjournment for filing evidence, the Ld. District Forum has shown a bias which has hampered the interest of the Appellant. For this reason the judgment passed by the Ld. Forum below cannot be sustained by law. According to the Appellant the judgment passed by the Ld. Forum below being erroneous illegal and improper is liable to be set aside and prayer has been made on behalf of the Appellant for allowing the present appeal.

(3.) THE brief fact of the case of the Complainant is that the Appellant herein proposed to set up Tathyamitra Kendras at various places in joint venture with the Government of West Bengal and the Government of India and invited applications from the intending candidates to open such Tathyamitra Kendras by advertising the same in various newspapers. In response to such advertisement, the Complainant being an educated unemployed youth registered his name with the OP to open such Tathyamitra Kendra by depositing a sum of Rs.8,400/ - by demand draft and subsequently paid a sum of Rs.75,600/ - to the OP taking the same as loan from the OP -3 for supplying the equipments for such Tathyamitra Kendra as required by the OP. Though the OP -1 agreed to supply two Laptops, two printers, two cameras, two UPS, two batteries and two software, they supplied only one piece of each of the items worth of Rs.30,000/ - without any chalan or invoice. Subsequently the Complainant demanded the balance equipments from the OP -1, but the OP -1 neither delivered all the equipments as per agreement for opening the Tathyamitra Kendra, Sabang, Panchayat Samity, Paschim Medinipur, nor refunded the money paid by him for the said purpose. Thereafter, finding no other alternative the Complainant filing a petition of complaint approached before the Ld. District Forum praying for direction upon the OP -1 and 2 to arrange for refund of Rs.84,000/ - together with interest, to pay a sum of Rs.1,00,000/ - due to damage and litigation cost.