Debasis Bhattacharya:- Presiding Member

Having been aggrieved over and dissatisfied with the deviation from the commitment of servicing of a Kitchen Chimney by one M/S Glen Kitchen Solution i.e. the sole OP in this case (hereinafter referred to as OP) of the address as mentioned before, the instant complaint petition has been filed by the complainant u/s 35 of the Consumer Protection Act 2019.

Firstly, it should be mentioned here, before proceeding in the matter of disposal of this case, that the case runs ex parte against the OP, as, in spite of proper service of notice the OP preferred not to appear before this Commission at any stage of the proceedings.

The fact of the case as stated in the Complaint petition is that the OP on being contacted by the Complainant in connection with servicing of his Kitchen Chimney, visited the Complainant’s place on 10.09.2022 and on inspection of the equipment, suggested that certain parts of the said Chimney were required to be replaced, the estimated cost of which was Rs.3646/-.

The complainant claims to have made an advance payment of Rs.3000/- to the OP and the OP was supposed to do the job on 25.09 2022.

However, the OP subsequently informed the Complainant that their visit in connection with the servicing job was deferred to 01.10.2022 as some parts for the said servicing were not available at that material point of time.

Again on 01.10.2022 the OP expressed over phone their inability to visit the Complainant’s place due to certain personal reasons and further deferred the visit to 05.10.2022. But on 05.10.22 also the OP made it a point to avoid the visit and surprisingly, on call, it was found by the Complainant that the phone of the concerned person of the OP was switched off.

Since then, several attempts were made by the Complainant to contact with the OP over phone, through e-mail and all other possible ways but, neither the problem was resolved nor the appropriate refund was made by the OP.

Considering the OP’s treatment with him as ‘deceitful attitude and unfair trade practice’ the complaint petition has been filed in which the petitioner prays for imposing direction upon the OP ‘to render proper service’ to the Complainant and to make refund of the entire amount already paid in advance, to pay Rs.10,000/- as compensation for causing harassment, and mental agony and to pay commensurate cost of litigation which is not specified.

The Complainant’s declared residential address is within the district of Hooghly.

The claim preferred by the complainant does not exceed the limit of Rs.50,00,000/-

Thus, this Commission has territorial as well as pecuniary jurisdiction to proceed in the instant case.

 Materials on records viz. the complaint petition, evidence on affidavit, annexed documents and brief notes of argument filed by the complainant are perused.

Decision with reasons:

The most conspicuous discrepancy in the Complaint petition is that the OP’s name and address as shown in cause title is Glen Kitchen Solution, Basudevpur, Shyamnagar, District-North 24-Parganas, Pin-743127, whereas the trade name and  address of the OP as shown in the purported ‘Job Advice cum money receipt’ (the only name which can be assigned to the document annexed by the Complainant) is Glen Appliances Pvt. Ltd. of Jhapan Kuthir, Jhapantala, Chandannagar, Hooghly, Pin-712136. This discrepancy is nowhere clarified in the Complaint petition.

Besides, the paper which is claimed to be a money receipt is visibly devoid of authenticity. It is nowhere mentioned in the advice that a payment of Rs.3000/- was received by the OP. The ‘Remarks’ column of the purported advice is filled up as ‘Pay-3000/- on 10.09.22’. Hence this piece of paper cannot be considered as a credible money receipt.

In view of the above this District Commission is of the opinion that there are quite a few questionable areas in the Complaint petition. The Complainant might have been duped. But the same could not be properly substantiated by sufficient and credible documentation.  

Hence, it is     

ORDERED

that the complaint case bearing no.CC/226/2022 be and the same is dismissed ex parte.

However there is no order as to costs.  

Let a plain copy of this order be supplied free of cost to the parties or their authorized Advocates/Agents on record, by hand against proper acknowledgement or sent by ordinary post for information and necessary action.

The final order will be available in the respective website i.e. www.confonet.nic.in

Drafted and word file created by me.