DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 01/2019
Date of Filing: Date of Admission: Date of Disposal:
02.01.2019 10.01.2019 17.10.2022
Complainant/s:- | Sri Kishore Kumar Kejriwal on representation of his daughter Miss Anusha Kejriwal, D/o. Sri Kishore Kr. Kejriwal, Flat 1/B, Sriram Nagar Complex, VIP Road, Tegharia, 6th Floor, opposite Haldiram Dum Dum, P.S. Baguihati, Dist- North 24 Parganas. = Vs.= |
Opposite Party/s:- | Godrej and Boyee Mfg. Co. Ltd, represented by Tirthankar Dutta Block GN, Plot No.30, Sector-V, Salt Lake City, Kolkata-700091. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
This is a complaint U/s 12 of the Consumer Protection Act.
The Complainant stated that he intended to purchase one coffee table from the O.P in the name of his daughter –Anusha Kejriwal and payment was made by Card No. 1366 drawn on SBI. The O.P accepted the payment and prepared one money receipt cum order confirmation form for an amount of Rs. 7,427/-. The O.P confirmed the delivery of the product within tentative three weeks time. Thereafter the O.P informed the product was defective and another costlier product was available for an extra amount of Rs. 749/-. The complainant then paid the amount of Rs. 749/- by chque dated 10.01.2018. But the opposite party failed and neglected to deliver the coffee table in spite of acceptance of the full amount for the same. The complainant stated that it is a serious default and deficiency of service from the opposite party and hence the complainant filed this case praying for a direction to the O.P for refund of the amount of Rs. 8,176/- along with interest from 26.10.2017 and also for compensation and cost.
The O.P contested the case by filing written version denying the allegations of the complainant.
The O.P stated that there was no cause of action and the case was not maintainable and was filed just to harass the O.P.
The O.P stated that the complainant was approached several times to take delivery of the product but he was reluctant to take the same just to harass the O.P by filing this false case.
The O.P further stated that presently the product is out of stock and the O.P is ready to refund the booking amount. Hence the O.P prayed for dismissal of the case.
From the contentions of the parties it appears that the points for consideration in this case are whether the case is maintainable or not and whether the complainant is entitled to get relief as prayed for.
Decision with Reasons
The Ld. Advocate for the complainant submitted that in spite of payment of the full amount for the product the O.P failed and neglected to deliver the product and therefore it was a gross deficiency in service and the complainant is entitled to get the relief as prayed for.
Contd/-2
C. C. CASE NO. 01/2019
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Ld. Advocate for the O.P by filing written argument submitted that the O.P was always willing to refund the amount but the complainant repeatedly refused to accept the same. The O.P also submitted that in spite of information by E-mail to the complainant the O.P did not take the delivery of the item and refused to accept the refund amount and therefore the case is liable to be dismissed.
Considering the contention of the parties as per complaint and the written version and also the evidence and the submission of both sides it is found that it is admitted fact that the O.P accepted the amount of Rs. 8,176/- for the coffee table from the complainant. It is also admitted fact that the product was not delivered to the complainant. Now the O.P contended that the complainant did not accept the amount to be refunded in spite of requests by the O.P. Therefore, it is found that the O.P has to refund the amount of Rs. 8,176/- with interest thereon since the product was not delivered to the complainant. Accordingly the issues are decided in favour of the complainant.
Hence,
It is Ordered:-
that the case be and the same is allowed on contest against the O.P with cost of Rs. 2,000/- to be paid by the O.P to the complainant.
The O.P is directed to refund the amount of Rs. 8,176/- along with 6% thereon from 26.10.2017 till payment of the same within two months from this date , failing which the complainant may take steps according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President President
Member Member
