Present : Biswanath De                         …. Hon’ble  President

               Debi Sengupta                       .… Hon’ble  Member      

                Samaresh Kumar Mitra        …. Hon’ble  Member                                               

Biswanath De, Hon’ble President 

   The complainant’s case is that complainant purchased one CC TV, HRD (Hard disc) 2-TV and paid Rs.47,868/- as per invoice No.124 dated 30.9.2016 to the O.P. and Sri Arijit Chakraborty.  The O.P. installed HRD (Hard disc) 1-TV in the house of the complainant.  The complainant brought this fact of installing the HRD (Hard disc ) 1- TV instead of HRD (Hard disc) 2-TV.  But inspite of getting information from the complainant the O.P. did not pay any heed to the complainant and did not remove the HRD (Hard disc) 1-TV from the residence of the complainant.  The complainant apart from giving information wrote a letter to Mr. Arijit Chakraborty, O.P. No.2, the Proprietor of Excel Electrocom to remove the HRD (Hard disc) 1-TV and installed the HRD (Hard disc)2-TV  in her residence.  The complainant then informed Proforma O.P. but no action has been taken, for which the complainant under compelling circumstances filed this case to get installation of HRD (Hard disc) 2- TV in her residence and with other relief laid down in the prayer.

      Complainant has filed annexure-1 to 4 and Tax Invoice of Excel Communication being No.124, 134 & 135 dated 30.9.2016 and dated 25.09.2016 and 25.09.2016. This three tax invoice shows the total cost is Rs.47,868/- in the reverse page of invoice No.124.

       The O.P. did not contest the case but appeared on 8.12.2017.  Accordingly, the case has been heard exparte.

Point for consideration

1. Whether the complainant is a consumer in this case?
2. Whether the complainant purchased the alleged material as per voucher from the O.P.?
3. Whether the complainant is entitled to get any relief?

              Decision with reasons

All the points are taken up together for easiness of discussion.

The complainant in her evidence in chief as well as petition has stated her case and that she paid Rs.47,868/- to the O.P. Excel Electrocom, Proprietor, Sri Arijit Chakraborty for giving HRD (Hard disc) 2-TV but O.P. installed HRD (Hard disc) 1- TV.  As per invoice complainant paid Rs.47,868/- which is shown in the reverse page of Tax Invoice No.124.  In absence of any evidence of O.P., there is no reason to disbelieve the statement and contentions of the complainant.  Accordingly, the complainant’s case succeeds.  The complainant is entitled to get relief partly.  Hence, it is

Ordered

 that the case be and the same is allowed on contest against the O.Ps.

The O.P. is directed to install HRD (Hard disc) 2- TV and replaced HRD (Hard disc) 1-TV in the premises of the complainant or if it is not done the O.P. No.1 is directed to refund Rs.47,868/- to the complainant by A/c. payee cheque.  The O.P. is also directed to pay Rs.10,000/- as compensation for mental pain and agony  and to pay Rs.5000/- as litigation cost to the complainant.  The above all directions shall be complied by the O.P. within 60 days from the date of passing this order, failing which the complainant is at liberty to execute this case through this Forum.  The O.P. is also directed to pay Rs.2000/- to the Consumer Legal Aid Account as penalty from 14.7.2017 till full compliance of the order.

Let the copy of this order be supplied to the parties free of cost.