IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.
CONSUMER CASE NO. : 180/S/2014. DATED : 19.05.2016.
BEFORE PRESIDENT : SRI BISWANATH DE,
President, D.C.D.R.F., Siliguri.
MEMBERS : SMT. PRATITI BHATTACHARYYA &
SRI PABITRA MAJUMDAR.
COMPLAINANT : SRI PRANESH RANJAN CHAKRABARTY,
S/O Late Prabir Chandra Chakrabarty,
House No.183, Nivedita Sarani Suklalaya,
P.O.- Kadamtala, P.S.- Matigara,
Dist.- Darjeeling, Siliguri – 734 001.
West Bengal.
OP : BABU RADIO,
Main Road, Matigara,
Near Pabna Jewellers,
P.O. & P.S. – Bagdogra,
Dist.- Darjeeling.
FOR THE COMPLAINANT : Sri Santanu Chakraborty, Advocate.
FOR THE OP : Sri Monojit Roy, advocate.
J U D G E M E N T
Sri Biswanath De, Ld. President.
The case of the complainant is that complainant bought one Refrigerator for Rs.19,000/- and one LED TV for Rs.23,400/- on 22.10.2014. The OP made advertisement in the local area stating different offers on home appliances and as such seeing the offer the complainant purchased the above home appliances. The allegation of the complainant is that OP did not install the TV on 22.10.2014, in spite of repeated calls by the complainant. It is also alleges that OP had pressurized the complainant to purchase the above articles by a cash discount of Rs.5,000/- and Rs.2,000/- respectively. The complainant purchased Whirlpool Refrigerator 230 Ice Magic Sapheire Exotica and Toshiba LED TV by promising cash discount stated above. It is also stated that OP charged much higher price of above articles than the prevailing market price offered by other dealers. It is also alleged that there was defect in respect of the ice box of the refrigerator. As such OP had cheated the complainant by making him purchase the defective refrigerator and by not giving cash discount. Accordingly, this case is filed for deficiency in service and unfair trade practice with compensation.
Contd......P/2
-:2:-
The OP has contested the case denying inter-alia all the material allegations as raised by the complainant. OP has alleged in their written version that the said Dipawali gifts had already been given to the complainant by Balaji Distributors addressed at S.F. Road, Mazumder Building, Siliguri- 734 005. It is also stated that OP sold the articles as per prevailing market price. It is also alleged by the OP that all the goods were given in good condition and in such type of cases of any manufacturing defects, the manufacturer is a necessary party and OP is not liable. Accordingly, the case of the complainant is not proved and the case may be dismissed.
Complainant has filed copy of advertisement (Annexure-1), copy of Whirlpool Refrigerator Invoice (Annexure-II) and copy of Toshiba LED TV Invoice (Annexure - III).
OP has filed the following documents :-
1. Toshiba Puja Price List 2014 w.e.f. 11 September, 2014.
2. Whirlpool Sub-Dealer price list for the month of October, 2014.
3. Delivery Challan being no.312 dated 28/10/2014 issued by Balajee Distributors.
4. Tax Invoice being No.BD/1973/14-15 dated 28.10.2014.
Points for decision
1. Whether there is deficiency in service or unfair trade practice on the part of the OPs ?
2. Whether the complainant is entitled to get any relief as prayed for ?
Decision with reason
The complainant has stated that he purchased the Refrigerator at price of Rs.19,000/- and another Toshiba LED TV against the price of Rs.23,400/-. To that effect complainant has filed documents i.e., Computer generated Invoice dated 22.10.2014 showing the price of article purchased by Rs.19,000/- and Rs.23,400/- and one advertisement of Dipawali Dhamaka.
The OP also filed evidence-in-chief stating their case in written averments and stated that OP never insisted the complainant to purchase the articles stated by him. It is also stated that said Dipawali gifts had already been given to the complainant by Balaji Distributors addressed at S.F. Road, Mazumder Building, Siliguri- 734 005. The OP has also filed Annexure-A, B, C and D to show that Toshiba Puja Price List 2014 with effect from 11th September, 2014.
Contd......P/3
-:3:-
Annexure- B and C show the price of the above articles. Annexure-C is delivery challan of three articles with respect to bill no.BTH 1375/14-15 with endorsement gift given to Dr. P. R. Chakraborty. Annexure – D is bill of discount.
This case has been instituted by the complainant on the allegation that the OP charged higher price of the articles prevailing in the market at that time and that there was defect in the refrigerator. The complainant did not file any other price list of those articles prevailing in the market other than the OP. The complainant did not produce anything to prove that the Refrigerator was defective. There is no record to show that the complainant raised objection before the OP regarding defective Refrigerator and regarding more price than the complainant paid. Record shows that the complainant has taken gift from Balaji Distributors vide Annexure C & D. So, the allegations that OP did not give gift do not stand. The documents filed by the OP Annexure A, B, C, D goes against the complainant regarding charging higher price and not giving gift as per leaflet Sl. No.1. The fact that the OP did not comply regarding advertisement in the style of Babu Radio, because as per documents filed by the complainant, the complainant purchased the articles by cash. No story of EMI exists. Accordingly, we are refraining ourselves from further discussion on the material adduced by both sides before us. We are of opinion, after deliberation over the documents produced by the complainant before us that the complainant fails to prove the unfair trade practice or cheating or to show defect of the Refrigerator. So, the case fails and the case is instituted by a bad advice.
Hence, it is
O R D E R E D
that the Consumer Case No.180/S/2014 is dismissed on contest against the OP but without cost.
-Member- -Member- -President-
