West Bengal

Birbhum

CC/16/2019

Haluda Bibi - Complainant(s)

Versus

Birbhum Lighting Proprietor, - Opp.Party(s)

26 May 2022

ORDER

Smt. Sukla Sengupta.President.

            The complainant files this case U/S 12 of the C.P Act. 1986. The fact of the in brief is that the complainant purchased a stand/pedestal fan from a shop of electrical goods seller under the name and of style Birbhum lighting on 31/03/2018. The warranty period of the said fan mentioned above was for one year and within the said warranty period the stand fan/ pedestal in question become out of order then the complainant returned the said fan in question to the OP. After a considerable period when the complainant went to the OP for getting the said fan in question he told that he sent that stands/pedestal fan to the company and he declined to return the fan to the complainant with a threat that the complainant can do anything but the OP did not return the same.

Hence, this case filed by the complainant with a prayer to get the consideration money of the stand/pedestal fan of Rs. 1600/(Sixteen hundred) along with compensation of Rs. 2000/ (Two thousand) for mental pain, agony and harassment of Rs. 4000/ (Four thousand) and litigation cost of Rs. 1400/ (Fourteen hundred).

In view of the above stated pleadings it has to be decided by this Commission:

1. Whether there is any cause of action of complainant to file this case?
2. Whether the complainant is a consumer or not?
3. Whether there was a deficiency of service on the part of the OP?
4. Whether the complainant is entitled to get the compensation has prayed for?
5. Two what the relief of reliefs the complainant entitled to get?

               Decision with reason.

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

From the unchallenged evidence of the complainant and also from the voucher dated 31/03/2018 issued by the Birbhum lighting i.e. Op. It appears that the stands/pedestal fan was purchased by the complainant from the OP valued of Rs. 1600/ (Sixteen hundred) and as the OP did not  feel any urge to contest the case so this Commission is of view that there is no reason to disbelieve the unchallenged evidence of the complainant.

The complainant is an old poor leady of a village of Birbhum she purchased the stands/pedestal fan in question with her heard earn money from the OP. The stand fan in question become out of order within the warranty period and it was the duty of the OP to replace the said defective fan by a new one but when the

 

                                                                                                                    complainant returned the said defective fan to the OP within the warranty period he sent the same to the company and on several occasions harassed the complainant not to replace the said defective fan by a new on ruther he threatened the complainant that she can do anything but the OP will not return the said stand fan/pedestal fan to the her which conduct of the Op shown that there was deficie3ncy of service and unfair trade practice on the part of the op.

Hence, on careful consideration of the materials as well as unchallenged evidence on record this Commission is of view that the complainant is a consumer within section 2 (1) d of the C.P Act. 1986 and there is/was sufficient cause of action on the part of the complainant to file of this case.

The OP on several occasion harassed the complainant and did not return said/pedestal fan in question or she did not return the consideration money i.e. Rs. 1600/- to the complainant which proved beyond all reasonable doubt that there is/was deficiency of service and unfair trade practice on the part of the OP proprietor of Birbhum lighting an electrical goods sells.

Hence, in view of the discussion made above it is proved that the complainant could be able to prove her case beyond all reasonable doubt and it’s 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. 16/2019 be and same is allowed exparte against the OP with cost.

The complainant is entitled to get the valuation of the sand/pedestal fan in question amounting to Rs. 1600/ and she is also entitled to get  Rs. 3000/ for harassment,qp mental pain and agony and Rs. 1200/ for litigation cost.

The OP is directed to pay the entire decreetal amount as mentioned above to the complainant within 45 days from the date of order in default the complainant will get interest @ 6% P.A on the entire decreetal amount from the date of filing of this case till realization.

If the OP failed to comply the direction of this Commission to pay the decreetal amount to the complainant within 45 days then the complainant is 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.