West Bengal

Bankura

CC/37/2022

Sri Somnath Mukhopadhyay - Complainant(s)

Versus

Kaniska, represented by Authorized signatory - Opp.Party(s)

Suman Patra

28 Jul 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 37/2022

Date of Filing: 01.12.2022

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

or the O.P.1 : Ld. Advocate U.S. Modak

Complainant  

Sri Somnath Mukhopadhyay,  Flat No.3C, Block No.1, Sonali Abasan, 2^nd Feeder Rd, Lalbazar, Bankura- 722 101.       

Opposite Party  

Kaniska, represented by Authorized signatory, Lalbandh, Bishnupur, P.O.Bishnupur, District-Bankura-722 122

 FINAL ORDER / JUDGEMENT                           

                                                                                                                                

Order No.08

Dated:28-07-2023

Both parties file hazira through advocate.

The statutory period for filing written version has already expired and so the Commission proceeds to dispose of the case on merit after hearing argument from both sides.

The Complainant’s case is that he purchased different clothes / Sarees from O.P. under receipt dated: 03/06/2019 for Rs.62,250/- and under receipt dated: 06/07/2019 for Rs.16,500/-. Out of those Sarees one Saree namely Saree Fancy for Rs.9,000/- under receipt dated: 03/06/2019 was found defective and unfit for use and accordingly the Complainant approached the O.P. for returning the same on 29/12/2019 or refunding the price thereof but nothing has been done by the O.P. Thereafter the Complainant has moved this Commission for appropriate relief with prayer for condonation of delay on the ground of COVID-19 pandemic.

Though no written version has been filed by the O.P. but the Ld. Advocate appearing for the O.P. in his usual fairness submitted before the Commission that the Commission may pass necessary order in this case without prejudice to the goodwill and reputation of the O.P.

Ld. Advocate for the Complainant has also submitted before the Commission that if the defective Saree is exchanged he will have no objection to the same.

                                                                                                                                                                                          Contd……p/2

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on record the Commission finds that O.P. is a reputed Saree Dealer of Bishnupur in the district of Bankura and the Complainant has purchased so many Sarees from the O.P. under two receipts as referred to above but unfortunately one Fancy Saree for Rs.9,000/- which was sold at 10% discount was found unsuitable for use in the marriage ceremony of the Complainant’s daughter.

Without going into the controversy as to the condition of the disputed Saree after such long lapse of time and whether it is exchangeable or refundable the Commission on proper appreciation of the matter as a whole thinks it just and proper to give a direction to the O.P. to reconsider the exchange of the disputed Saree on presentation of the same by the Complainant with the Original receipt keeping in mind the interest of both sides.

                                                                                          Hence it is ordered……..

That the case be and the same is disposed of with the direction upon the O.P. to re-consider  the exchange of the disputed Saree on presentation of the same by the Complainant with the Original receipt keeping in mind the Customer and Commercial interest of the Complainant and O.P. respectively within one month from this date and the Complainant shall forfeit his offer of exchange if the Saree in question is not produced before the O.P. with the Original receipt within the stipulated period.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________            _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER         HON’BLE MEMBER