OM ENTERPRISE Vs. KALPANA SEN

JUDGEMENT

(1.) The petitioner received a sum of Rs. 7,18,000.00 from the complainant/respondent vide pay order dated 18.01.2012 drawn on UCO Bank. A post-dated cheque of Rs. 2,05,000.00 is also alleged to have been given to the petitioner but the payment of the said cheque was later stopped by the complainant/respondent. The case of the complainant is that the aforesaid payment of Rs. 7,18,000.00 was made to the petitioner for carrying out interior decoration work in her flat No.E-3 CC-57/4, Narayantala East, Kolkata but, despite receiving the aforesaid payment coupled with the post-dated cheque of Rs. 2,05,000.00 payment of which she later got stopped, he did not execute the said interior work. Alleging deficiency on the part of the petitioner in rendering service to her, the complainant/respondent approached the District Forum by way of a complaint.

(2.) The petitioner resisted the complaint and denied having entered into any agreement with the complainant/respondent for carrying out interior work in her flat.

(3.) The District Forum vide its order dated 05.11.2012, directed the petitioner to refund the aforesaid amount of Rs. 7,18,000.00 to the complainant along with compensation quantified at Rs. 30,000.00 and cost of litigation quantified at Rs. 4,000.00. The petitioner was also directed to pay cost of Rs. 20,000.00 as penalty for the unfair trade practise, to be deposited in the State Consumer Welfare Fund. Daily penalty of Rs. 100.00 in case of non-compliance was also directed to be paid by the petitioner.