Order No.  6  dt.  09/08/2018

        The case of the complainants in brief is that the complainants purchased one Ceder Commode from the S.B. Marbles, Jessore Road, Kolkata paying Rs.10,000/-. After the installation of the said cistern of the commode took 18 minutes to get fill-up which is unusually too long for any modern day technology for commode. The complainant informed the said defect to the o.p. no.2 and the o.p. no.2 sent their representative and told to the complainant that there was defect in the water pipe fitting with the said commode for which such delay was being committed. The complainant thereafter asked the plumber to check the said fitting but he did not find any defect in the installation of the said commode. The complainant thereafter repeatedly requested the o.p. no. 2 to remove the defect commode but the o.p. no.2 on various pretext denied the claim of the complainant that the commode had no defect. The complainant thereafter lodged a complaint to the Consumer Affair Department and notice was issued to the o.ps. but the o.p. no.2 did not accept the claim of the complainant for which the complainant filed this case praying for direction upon the o.ps. for replacement of the said commode as well as compensation and litigation cost. The complainant did not abuse any evidence he relied on the materials filed at the time of filing in this case.

            The o.ps. did not appear and, therefore, the case has proceeded ex parte.

            The complainant in support of his said contention filed some documents including cash memo wherefrom it is evident that the complainant purchased the commode from o.p. no.1 and after installation of the said commode it was found that the commode was not being filled within the short period and it took more than 8 minutes, the complainant thereafter checked the said commode regarding the installation of the pipe with the said commode but he did not find any problem. Since the commode in question had some manufacturing defects so the complainant filed this case praying for replacement of the said commode. Since  the evidence of the complainant has remained unchallenged and, therefore, we hold that the complainant will be entitled to get the relief for replacement of the commode.

            Hence,  ordered,

            That the case no. 155/2018 is allowed ex parte with cost against the o.p. no.2 and dismissed against the o.p. no.1. The o.p. no.2 is directed to replace the said commode in default and refund the amount of Rs.10,000/- (Rupees Ten Thousand) only as well as compensation of Rs.500/- (Rupees Five Hundred) only for harassment and mental agony and also litigation cost of Rs.200/- (Rupees Two Hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.