DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 20 of 2023.

 

1. Sri Abhishek Baidya,

S/O. Lt. Satyabrata Baidya,

C/O.-Sri Sunil Das,

Bidya Sagar Chowmuhani,

Near Jogendra Nagar Bridge,

P.S.-East Agartala,

P.O.-Jogendra Nagar, Pin-799004,

Dist. West Tripura....................…....…...........................Complainant.

 

 

-VERSUS-

 

 

1. “Bappiraj Furniture @ Bappiraj Traders”, 

Represented by Proprietor, 

Mr. Nirmalya De,

S/O. Nirendra Chandra De,

Madhya Banamalipur,

P.O.-Agartala, Pin-799001,

P.S.-East Agartala, 

Dist.-West Tripura.…...................................................Opposite Party.

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

 

For the O.P. : None appeared. 

 

 

F I N A L     O R D E R

1. Sri Abhishek Baidya, herein after called the Complainant, has filed this complaint pleading inter alia that on 09/02/2023 he purchased one “Sleepwell” brand mattress on measuring 78 x 60 x 4 for an amount of Rs.7,000/- from the O.P. After two days he noticed that in the tag on the body of the mattress MRP was mentioned as Rs.6,740/-. Hence, he went to the shop of the O.P. and asked for the reason of taking excess amount of Rs.260/- and also demanded warranty card but O.P. misbehave with him. Hence, this complaint complaining unfair trade practice and consequent compensation for Rs.40,000/- litigation cost etc. 

2. Summon was issued upon the O.P. but summon was returned with the report that the O.P. refused to accept  the summon as such vide order dated 17/05/2023. The case has been proceeding ex-parte against the O.P. 

3. The Complainant has submitted evidence on affidavit and submitted the receipt dated 09/02/2023 issue by the O.P. against the mattress.    

4. During argument the Learned Counsel of the Complainant argued unfair trade practice on the part of the O.P.   

5. We take the following points for discussion and decision:

    (i). Whether the O.P. is guilty of unfair trade practice and liable to pay compensation ?   

6.  On perusal of the complaint the evidence on affidavit and challan issued by the O.P. We find that the O.P. charged Rs.7,000/- as price of the mattress measuring 78 x 60 x 4 inch “Sleepwell” and the actual price in the State of Tripura and other Northeastern State which is mentioned in the 2nd page of the challan is Rs.6,740/-. As such the O.P. charged an extra amount of Rs.260/- which is prohibited U/S. 2(6)(IV) of the Consumer Protection Act, 2019. Further O.P. refused to accept the summon issued from this Commission and thereby has admitted such unfair trade practice as alleged by the Complainant. 

      The point is decided accordingly.       

7. In the result considering the excess price charged by the O.P, nature of the deal and consequent harassment of the Complainant, we feel a sum of Rs.10,000/- inclusive of litigation cost is appropriate to decree against the O.P. to be paid to the Complainant. This amount of Rs.10,000/- has to be paid within 30 days from the date of this final order. Otherwise it shall carry interest  @7.5% p.a. from today till the date of actual payment. 

        Supply two certified copies of this final order to the Complainant. 

      The Complainant shall send a copy of this final order to the O.P. by post for compliance of the O.P. 

  The case stands disposed off.              

 Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.