Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.01.2017
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the amount of Rs. 25,000/- along with 18% interest.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
It is the case of the complainant that he has purchased certain items mentioned in annexure – 1 and 2 from opposite parties after paying the total price of Rs. 25,000/- as will appear from annexure – 1 and 2. At the time of purchasing the aforesaid items, the complainant was assured that the purchased goods shall be taken back if the same are found defective or same are not delivered/sold to customer. After purchasing the aforesaid items the complainant noticed that the some items are not properly packed or some are of expiry date. Thereafter he immediately requested the opposite parties to take back the aforesaid items the details of which are annexed in annexure – 1 and 2.
It is further case of the complainant that despite repeated requested and pleader notice the opposite parties have not redressed the grievance of the complainant and as such he has no option but to file this complaint.
From the record it appears that on behalf of opposite parties a Vakalatnama was filed on 06.01.2016 and despite allowing several adjournments no any written statement has been filed and as such the case was heard ex – parte in absence of any written statement.
It is needless to say that the complainant has asserted the aforementioned facts on affidavit and there is no counter version of the opposite parties hence we have no option but to accept the facts asserted by the complainant on affidavit which clearly disclose serious deficiency on the part of opposite parties.
In the facts and circumstances we direct opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) to the complainant within the period of two months from the receipt of this order or certified copy of this order failing which opposite parties will have to pay 10% on the aforesaid amount till its final payment.
The complainant is also directed to return the purchased item vide annexure – 1 and 2 to the opposite parties at the time of receiving the aforesaid amount, if the same are in possession of the complainant.
Opposite parties further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
