Date of Filing:-13/01/2016
Order No. -07 Dt.-14/03/2016
Smt. Bina Choudhuri, Member
F I N A L O R D E R
This is an application U/S 12 of C.P.Act, 1986.
The complainant Premanand Sharma by filing this complaint submitted that on 07/09/2015 he gave a TITAN wrist watch to repair to the opposite party “Kohinoor Watch Shop” situated at Thana Road, P.S.:- Kotwali, Post & Dt:- Jalpaiguri. On receiving the same the opposite party issued a receipt without delivery date and verbally agreed to deliver the wrist watch to the complainant after 15 days on payment of Rs.100/-.
After 15 days and thereafter on several occassions the complainant went to the opposite party for his watch but he failed to deliver the same. Then the complainant requested the O.P. to mention the delivery date on the receipt but he refused to do so and in the above circumstances the complainant under registered post sent a letter on 10/12/2015 to the opposite party asking him to give the watch but no reply. Seeing no other alternative the complainant lodged a complaint with the Asstt. Director, Consumer Affairs & Fair Business Practices, Jalpaiguri on 14/12/2015 to get redress over this matter. The Asstt. Director issued a Notice upon the opposite party through registered post requesting him to attend his office on 22/12/2015 for mediation but the Notice was returned being refused by the opposite party. So, the matter was dropped.
By such way the opposite party intentionally avoided to deliver the watch to the complainant and for which complainant is compelled to file this complaint for redressal for negligent and deficient manner of service of the opposite party.
The opposite party receiving Notice from this Ld. Forum has appeared through his Ld. Lawyer with a prayer to submit W/V but on the date fixed he/his Ld. Lawyer didn’t take any step to file W/V and on call they are found absent. So, the case was fixed for exparte hearing and on the date of hearing the O.P./his Ld. Lawyer was also absent. So, the case was taken up for exparte hearing.
POINTS FOR CONSIDERATION
- Is the case maintainable?
- Is the complainant is a consumer?
- Is the O.P. guilty for deficiency in service and/or unfair trade practice as alleged?
- Is the complainant is entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision for the sake of brevity.
On perusal of the entire materials on record including the fact as disclosed in the complaint and submission of the complainant it is clear that the complainant is a consumer, the case is in within limitation period and this Forum has jurisdiction to entertain the case and the case is well maintainable.
From the facts and circumstances of the case and from the over acts and attitudes of the opposite party, it is also clear that the opposite party intentionally and deliberately has been avoiding to deliver the wrist watch to the complainant.
The complainant has filed his case with affidavit which being unchallenged by the opposite party. The complainant has able to prove his case against the opposite party. As such we find sufficient reason to hold, the opposite party is guilty for deficiency in service and or unfair trade practice for non-delivery of the wrist watch to the complainant and according the complainant is entitled to get the reliefs as specified below.
All points are disposed of.
In the result the case/application succeeds.
Hence, it is
O R D E R E D
that the case is allowed in ex-parte against the opposite party with cost of Rs.500/-(Rupees Five Hundred)only in part.
The opposite party is hereby directed to deliver the wrist watch after proper repairing to the complainant and also further directed to pay Rs.1,000/-(Rupees One Thousand)only as compensation for his harassment, mental pain & sufferings within 15 days from this order. In default of which the O.P. Shall have to pay Rs.50/-(Rupees Fifty)only for each day’s delay and such amount if accumulated shall be deposited in the State Consumer Welfare fund and complainant shall be at liberty to execute this order in accordance with law.
Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgment/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.