In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 283 / 2011.
1) Shamim Akhtar,
9, Dr. Sudhir Basu Road, Sukhmoni Apartment,
Flat-1E, Kolkata-700023. ---------- Complainant
---Versus---
1) Great Eastern Trading Co. ,
20, Old Court House Street, Kolkata-700001.
2) Videocon Industries Ltd., Kolkata Branch Office,
3rd Floor, Mallick Court, 39A, Harish Mukherjee Road, Kolkata-25.
3) Videocon Industries Ltd., The Corporate Office,
248, 1st Floor, Udyog Vihar, Phase-IV,
Gurgaon, Pin-122015, Hariyana, India. -------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 13 Dated 30/07/2012.
The petition of complaint has been filed by the complainant Shamim Akhtar against the o.ps. Great Eastern Trading Co. and others. The case of the complainant in short is that being attracted by an advertisement of o.p. nos.2 and 3, complainant approached the nearest dealer of o.p. nos.2 and 3 viz. Great Eastern Trading Co. purchased one Vediocon DEH LCD of Rs.26,500/- and one Vediocon D2H Achiever Card worth Rs.500/- in exchange of old CTV set worth of Rs.3000/- and thereafter being satisfied, complainant agreed to purchase the above mentioned offer in cash of Rs.24,000/- from o.ps. Complainant also stated that as per “Vediocon Paisa Vasool Offer” after purchase the aforesaid satellite LCD with D2H service Money Back Certificate of worth Rs.12,000/- would be issued by o.p. no.1. But when complainant asked o.p. no.1 to get the money back certificate as per the aforesaid advertisement, o.p. no.1 requested complainant for waiting some days and that would be delivered by company at his home address very shortly. But ultimately after several requests complainant could not get he money back certificate worth Rs.12,000/-. Hence the case has been filed by complainant with the prayer contained in the prayer portion of the petition of complaint.
O.ps. did not contest the case by filing w/v and the case was heard ex parte against o.ps. accordingly.
Decision with reasons:-
We have gone through the pleadings of complainant, evidence and documents in particular. It appears to us that complainant being attracted by an advertisement of o.ps. has stepped in to accept the offer as mentioned in the advertisement, but after several attempts he did not receive money back certificate from o.ps. It appears from the record that on 12.5.11 complainant through advocate’s letter requested o.p. no.1 with copies to o.p. nos.2 and 3 to serve the money back certificate in question to complainant annexed with petition of complaint and in that letter the matter mentioned in the complaint was narrated in detail. it appears from the photocopy of advertisement annexed with the complaint petition “Duly discharge Money Back Certificate must be surrendered to the company in original at the time of availing this offer”. Therefore, o.p. nos.2 and 3 being a company and o.p. no.1 being authorised dealer were duty bound to issue that certificate to complainant. After valid service of that advocate’s letter none of the o.ps. turned up. Even after valid service of summons to o.ps. in relation to the instant case they have not appeared before this Forum. From this, it is concluded by us being well aware of the facts and circumstances of the instant case they have not turned up and virtually indirectly admitted the case of complainant. Therefore, we are of the opinion that non-issuance of ‘no due certificate’ worth of Rs.12,000/- towards complainant is deficiency in service on the part of o.ps. and they have deviated from the promise through the advertisement at various newspapers dt.15th May and 27th May of 2010 respectively.
Therefore, we are of the opinion that all the o.ps. have committed deficiency in rendering service to decide whether complainant is entitled to get compensation as prayed for partly or in full, it is our strong believe that due to this deficiency in service of o.ps., complainant has to suffer mental agony and harassment and he is entitled to relief.
Hence, ordered,
that the petition of complaint is allowed ex parte against the o.ps. with cost. O.ps. are jointly and/or severally directed to issue ‘money back certificate’ worth Rs.12,000/- to complainant and are also directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for his harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
