Judgment : Dt.29.6.2017
This is a complaint made by Smt. Sharmila Dewan, wife of Sri Kallol Dewan, 246, Bansdroni Place, P.S.-Regent Park, Kolkata-700 070, against Indian Furniture Products Ltd., Metro South, 1st floor, 123, N.S.C. Bose Road, P.S.- Regent Park, Kolkata-700 040, praying for refund of three items of furniture amounting to Rs.60,665/- and for an order to repay total value of demurrage charges of Rs.20,000/- plus interest @ 12% p.a. on Rs.80,665/- and compensation of Rs.50,000/- and litigation cost.
Facts in brief are that as per advertisement the Complainant went to the show room of the OP and purchased prudent bed with half lift for Rs.31,427/-, prudent two door wardrobe of Rs.18,630/- and prudent bed side table of Rs.2,926/- and paid vat of Rs.7,682/-. On 19.12.2014 Complainant paid Rs.60,000/- as advance and here was due of Rs.665/-. On 27.12.2014 the Complainant paid the due amount of Rs.665/- and the articles were delivered to the Complainant’s house. After a short period all the broke away. Complainant requested OP to replace or repair the furniture. OP supplied inferior quality goods. Complainant made several requests to the OP. But, OP did not pay any heed to that. So, Complainant filed this case.
OP did not appear after receiving the notice. So, the case is heard ex-parte.
Decision with reasons:
Complainant filed affidavit-in-chief and written argument.
On perusal of the documents filed, it appears that there is a voucher dt.19.12.2014. Further, it appears that a copy of tax invoice is also there.
Since the allegation has not been denied by OP and there are documents to establish that OP received Rs.60,665/- so far as the refund of damarage charge of Rs.20,000/- is concerned, it appears that there is no ground to direct the OP to refund this amount. Further, Complainant is entitled to get Rs.10,000/- as compensation including litigation cost.
Hence,
ordered
CC/597/2016 is allowed ex-parte in part. OP is directed to pay Rs.70,665/- to the Complainant within four months of this order otherwise this amount will carry interest @ 10% p.a. till realization.