Date of Filing : 25/11/2022

Date of Judgement : 04/12/2024

Mrs. Monihar Begum, Hon’ble President In-charge

BRIEF FACTS

The petition of complaint is filed u/s 35 of the Consumer Protection Act, 2019 by Sri Tarun Kumar Nath, alleging unfair trade practice against Area Executive Manager, Eureka Forbes Ltd.

Case of complainant, in brief, is that in December, 2019 complainant visited industrial fare in Kolkata and purchased a vacuum cleaner from Eureka Forbes stall.  Representatives of company had met at complainant’s residence and demonstrated and approached him to purchase a Zerobend MOP VAC Machine for cleaning floors etc., the cost of which was about Rs.22,000/- (Rupees twenty two thousand) only and offered a wrist watch worth Rs.1,500/- to be given.  On 23/01/2020 complainant purchased a Zerobend Eureka Forbes MOP VAC bearing customer code No. 6001411968 at a cost of Rs.21,999/- (Rupees twenty one thousand nine hundred ninety nine) only.  Soon after purchase, it was not working.  He had informed the company over telephone on 11/12/2020.  Company sent technicians but they admitted that they had no knowledge about this machine.  On 21/1/2021 complainant submitted a written complaint.  Thereby on 19/2/2021, company’s technician came and told that one spare part of the machine needs to be replaced.  After repair, complainant did not observe any improvement and the machine was not working again.  OP took the machine back.  Till date it has neither been repaired nor replaced.  So, complainant was duly harassed by the Service Provider and he lodged a complaint against the OP on 08/08/2021 before customer care through mail.  OP did not reply to this complaint which reveals that OP had sold the said product which was having manufacturing defect and defrauded the complainant.  Now the product is under the custody of OP.

OP neither delivered the product nor refunded the amount of Rs.22,000/- (Rupees twenty two thousand) only which was paid by the complainant for the product.  This act and conduct of OP amounts to unfair trade practice.  Complainant became totally tired of the attitude of the OP.  Thereafter, he had no other alternative than lodging a complaint against the OP before this Ld. commission praying for refund of the amount of Rs.22,000/- and Rs.8,000/- for compensation and litigation cost and such other relief(s).

Upon notice, OP contested the case by filing written version denying and disputing all the allegations made out in the complaint petition.  As such, the complaint is liable to be dismissed and also denied allegation of unfair trade practice.

Ld. Advocate for the complainant filed purchase invoice dt. 22/01/2020, Receipt for full and final payment dated 25/02/2020, Complaint letter dated 21/01/2021, Receipt for taking back the machine dt. 19/02/2021, letter addressed to Company dt. 31/03/2021, complain to Eureka Forbes Ltd. dt. 08/08/2021.

DECISIONS WITH REASONS

Both Parties had tendered evidence through affidavit.  They had also given reply against the questionnaire set forth by the adversaries.

It is an admitted fact that the complainant has prayed for refund of Rs.22,000/-.  In order to prove the allegation complainant had filed purchase invoice dated 22/01/2020 which reveals that complainant paid Rs. 22,000/- for purchasing the Zerobend Eureka Forbes MOP and he could not use that.  OP accepted the said amount.

Complainant claimed refund of the said amount from the OP in this case.

Accordingly, we are of the view that there are sufficient materials on behalf of the complainant to establish that he suffered at the hand of the OP and OP is liable to refund the amount of Rs.22,000/- (Rupees twenty two thousand) only.

We think, considering the materials on record, complainant is entitled to get refund of the said amount (Rs.22,000/-) alongwith interest @9% per annum from the date of purchase i.e. 22/01/2020.  No cost as to consideration since compensation is being paid by way of interest and Rs.6,000/- for litigation cost.  OP is liable to pay the said amount.

Accordingly, it is

ORDERED

That CC No. 653/2022 is allowed on contest against the OP.

OP is liable to pay the entire amount.

OP is hereby directed to pay the amount of Rs.22,000/- alongwith interest @9% per annum from the date 22/01/2020 to the complainant within 30 days from the date of this order.

OP is also directed to pay Rs.6,000/- towards litigation cost to the complainant also within the said period.

In default the total amount shall carry interest @10% per annum from the date of this order till realisation, failing which the complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by

         Member