West Bengal

Birbhum

CC/62/2019

Somnath Chatterjee - Complainant(s)

Versus

Aviskar (Electronic Shop), Near Head Post Office, - Opp.Party(s)

Subrata Mukhopadhay

30 Aug 2022

ORDER

Smt. Sukla Sengupta-President.

            The case has been filed by the complainant Under Section 12 of the C.P. Act, 1986.

            The fact of the case in brief is that the complainant being a resident under the jurisdiction of this Forum/Commission alleged that he has purchased a mobile phone from the OP No. 1 running its business for selling electronic goods under the jurisdiction of this Forum through instalments under OP No. 2.

            It is stated that the complainant paid all the instalments in schedule time from his Bank account as shown in his bank statements.

            At the time of purchase both the OP No. 1 and OP No. 2 assured the complainant that the complainant would be compensated by them in any short of problems.

            It is stated that unfortunately the said mobile phone has been damaged as it was fell down from the hand of the complainant through inadvertence. Then the complainant went to the OP members and claimed compensation, but the OP members did not pay any heed to his claim. Which amounts to unfair trade practice on the part of the OP members and caused harassment to the complainant.

            The complainant further stated that he claimed compensation to the OP members on 02/10/2018 so, the cause of action of this case arose on that date.

            Hence, this case is filed by the complainant with a prayer to pass an order directing the OP members for giving compensation to the complainant of Rs. 10,000/- and to return the premium of the policy with interest and litigation cost of Rs. 20,000/- along with other relief or reliefs.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the complainant any cause of action to file this case?
2. Is the complainant a consumer within the ambit of C.P Act 1986?
3. Is there any deficiency of service on the part of the OP?
4. Is the complainant entitled to get the relief as prayed for?
5. To what other relief or reliefs is the complainant entitled to get?

               Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he purchased a NOKIA Mobile set from OP No. 1 on installment and the OP No. 2 being the insurance company has financed the same.

The complainant give evidence in support of his case as P.W. 1.

The case has been run exparte against both the OP members.

From the unchallenged evidence of P.W.1 it is proved that the complainant purchased the NOKIA Mobile set from OP No. 1 on getting a policy purchased from OP No. 2 after paying instalments. The mobile set became damaged and the OP members did not pay the claim of the complainant which caused harassment, mental pain and agony to the complainant.

            I do not finding any reason to disbelieve the unchallenged testimony of the complainant.

            Hence, in my view the complainant could be able to prove his case beyond reasonable doubt in exparte and is entitled to get the relief as prayed for.

  The case is properly stamped.

Hence, it is,

            O R D E R E D,

                                    that the instant C.C. Case No. 62/2019 be and the same is allowed exparte against both the OP members.

The complainant is entitled to get the relief as prayed for.

The OP members are directed to pay jointly or severally a sum of Rs. 10,000/- with interest @7% p.a. to the complainant within 45 days from this date of order.

The OP members are jointly or severally paid a sum of Rs. 10,000/- towards litigation cost to the complaint within 45 days from this date of order.

If the OP members would fail to comply the decree within the specified period the complainant will get interest @ of 6% p.a. on the entire amount from the date of default till realization.

In default the complainant will also be at liberty to execute the decree as per law.

Let a copy of this order be given/handed over to the parties to this case free of cost.