West Bengal

Birbhum

CC/89/2022

Ujjaini Ghosh - Complainant(s)

Versus

DIKSHA FURNITURE - Opp.Party(s)

Subrata Mukhopadhyay

12 Sep 2023

ORDER

Smt. Saswati Saha- Member.

            The complainant has filed this petition of complaint Under Section 35 of the Consumer Protection Ac t, 2019.

            The fact of this case in brief is that the complainant is a resident of “Dui Pakhi”, Uttar Pally, Santiniketan, P.O. and P.S. Santiniketan, Pin. 731235 and Dist. Birbhum, within the jurisdiction of this District Commission.

            The OP No. 1, Diksha Furniture, Bhawai Mandi Craft of Ratangarh, Rajasthan, Pin. 331022, from whom the complainant on 15/10/2020 purchased a wooden dining table with six seats, with one year warranty by paying Rs. 26,000/-(Twenty six thousand only).

            The purchasing of the said six seated dining table set by the complainant was took place though OP No. 2, Amazon India,  Brigate Gateway, 8^th Floor, 26/1, Dr Raj Kumar Road,  Malleshwaram (West),  Bangalore, Karnataka 560055.

            After six to seven months the complainant found a crack in between the joining of the wooden panels of the table top, that not been notices previously as the polishing of the table was so fine.

           

 

 

Thereafter the complainant informed the matter at first to OP No. 2 and then to OP No. 1 through telephone, whats app message and e-mail, but both the OPs did not take any initiative for the solution of the problem of the complainant.

            In collusion with each other the OPs are cheating and depriving its customers and also extracting their money by misleading them.

            So, by this manner the OPs are continuously harassing the complainant which is tantamount to unfair trade practice.

            Finding no other alternative the complainant became compelled to file this complaint before this District Consumer Disputes Redressal Commission for following relief/reliefs and prays for:

1. To pass an order directing the OP No. 1 for providing the compensation to the complainant amounting Rs. 50,000/-(Fifty thousand only) within the specified time and to refund the total price of defective furniture.
2. To pass an order directing the OPs to pay an amount of Rs. 20,000/-(Twenty thousand only) to the complainant for physical and mental harassment, caused by the OPs.
3. Any of the relief/reliefs as the Commission think fit and proper.

The cause of action of this case arose on and from 15/10/2020.

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

Issues

1. Is the case maintainable in the eye of law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 2019?
4. Is there any deficiency 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.

The complainant is a resident residing under the jurisdiction of this Commission.

The complainant claims that she purchased a wooden dining table set with six seats from OP No. 1, though OP No. 2 on 15/10/2020 with a warranty of one year, by paying Rs. 26,000/-(Twenty six thousand only).

After six months the complainant found that the table-top was made of joining by wooden panels, not prepared by a single wood and a crack between the joining that had not been identified before due to fine polishing. So, it was a manufacturing defect.

 

 

 

The complainant informed the said matter to OP No. 2 at first and thereafter to OP No. 1 over telephone, whats app and e-mail. But the OP members neither pay any heed to the complainant nor took any initiative for the solution of the matter.

The complainant was being harassed by both the OP members repeatedly.

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

The case has been run exparte against OP No. 2 by the order No. 7 dated 23/03/2023 and OP No. 1 by the order No. 8 dated 30/03/2023.

This Commission is not finding any reason to disbelieve the unchallenged testimony of the complainant.

Hence, in view of this Commission the complainant could be able to prove her case beyond all reasonable doubt in exparte and is entitled to get 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. 89/2022 be and same is allowed exparte

against both the OP members with costs.

            The OP members are directed to return the complainant jointly or severally the total amount of Rs. 26,000/-(Twenty six thousand only) that she paid for purchasing the dining table set, with interest @ 9% p.a. calculating on and from 08/09/2022 to the realization.

The OP members are also directed to pay jointly or severally a sum of Rs. 10,000/- (Ten thousand only) as compensation as against mental agony and harassment to the complainant.

The OP members are also directed to pay jointly or severally a sum of Rs. 6000/-(Six thousand only) to the Consumer Legal Aid Accounts, Account No. 34041754378, IFSC Code. SBIN0000191, State Bank of India, Suri Branch, DCDRC, Birbhum

The entire decree will be complied by the OP members within 45(Forty five) days from the date

of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

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