DATE OF FILING : 27/07/2015
DATE OF S/R : 18/09/2015
DATE OF FINAL ORDER : 29/02/2016
Sri Manash Kanti Basu,
Son of late Mukunda Kumar Basu,
By faith Hindu, by occupation retired person,
Residing at No. 67/2B, Goswami Para Road,
P.O. & P.S. Bally,
District Howrah711 201……………………………………….. COMPLAINANT.
1. Kolkata Interiors Pvt. Ltd.
152/2, Salkia School Road, Purbasha Apartment,
Ground floor, P.S. Golabari,
Howrah 711101.……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Sri Manash Kanti Basu, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to refund the entire purchase price of steel almirah with interest , to pay Rs. 30,000/- as compensation along with litigation cost and other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complaint placed on order with O.P.on 08/01/2015 for his daughter’s marriage for supply of one total steel Almirah unit of Godrej interior of being model No. 1 which should contain certain specific body parts such as a) Kreation 450 main unit body 2 pieces, b) Kreation 450 Addon unit body 1 piece,, c) Kreation 450 Door wine red 3 pieces, d) Kreation 500 Dresser D.pine 1 piece, e) Kreation 450 Locker L. Cream 1 piece , e) Kreation 450 Drawer L. Cream 1 piece. On that date he paid an advance of Rs.10,000/- towards the total purchase price of the said Almirah being Rs.54,872/- Subsequently, he paid the rest amount vide annexure money receipts collectively. Accordingly, O.P. delivered the same on 24/02/2015 at the instructed place as per their verbal agreement with an assurance that the men of O.P. would visit again on 26/02/2015 to assemble the isolated articles of the Almirah. They came on 26/02/2015 but they could not assemble the same as the parts were defective and misfit. So, they could not fit those parts in the almirah. It was informed to O.P. by those persons immediately. As soon as the complainant came to know, he contacted with O.P. O.P. assured him that a new unit shall be delivered and defective one shall be removed by them. Thereafter, complainant repeatedly requested them to replace the same but they took all false plea. Complainant even personally visited O.P’s. showroom for several occasions with the same request. Ultimately, on 27/04/2015 O.p. delivered a portion of the steel almirah but again at the time of fitting by the persons of O.P., it was found to be a damaged one. Complainant expressed his mental and physical harassment. O.P. then issued one letter on the same date i.e. on 27/04/2015 vide annexure that they would deliver a fresh unit within 15 days with an undertaking to refund the entire purchase price in case of their failure to replace the same. But after that O.P. remained silent thereby caused served mental agony to the complainant. Ultimately on 05/06/2015 complainant sent a lawyer’s notice with a request to refund the purchase price. O.P. replied by its letter dt. 18/06/2015. Again on 14/07/2015. O.P. issued one letter to the complainant demanding an amount of Rs.48506/- illegally. Being frustrated and finding no other alternative, complainant filed this instant petition with the aforesaid prayers.
- Notice was served. O.P appeared and filed any written version. Accordingly, case was heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the w/v and annexures filed by o.p and noted their contents. It is the specific plea taken by o.p that after giving a written undertaking on 27/04/15, o.p sent its men with the body parts of the almirah on 21/05/2015 and the son-in law of the complainant took the delivery of the new articles but prevented them to install those articles in the almirah on the plea that those articles were again defective. And illegally they are withholding both the previous and new articles with a demand of refund of the purchase price. It is further stated by o.p that after receiving the legal notice dt 05/06/2015 from the complainant, o.p by sending reply dt. 18/06/2015 requested the complainant to get installed the new parts by their persons as per his convenience and return the defective parts. But complainant and his son-in-law did not co-operate with O.P. So. on 24/08/2015, o.p raised a bill of Rs. 50,817 for the new articles they sent to the complainant and complainant sent a reply dt. 03/09/2015 denying the said bill. Accordingly, it is the prayer of o.p that they are not deficient in providing service rather complainant is making all wrongful claims for which his petition is liable to be dismissed. Here we take a pause. O.p gave an undertaking on 27/04/2015 that they would change the defective articles within 15 days else they would refund the entire purchase price to the complainant. So, it is admitted by them that the articles were defective. Complainant purchased the almirah for his daughter’s marriage. By supplying a defective goods , o.p certainly damaged the social prestige of the complainant , which definitely caused mental agony to the complainant which cannot be expressed in words. Even they have failed to produce any document to establish their claim that they visited on 21/05/2015 and delivered the new goods besides filing of the legal notices dt. 18/06/2015 and 14/07/2015 , 24/08/2015 which cannot be accepted by this Forum. O.p has forgotten that consumer satisfaction is the key to their success. Moreover, once their Tax Invoice NO. KIPL/0183/2015-16 dt. 30/05/2015 shows an amount of Rs. 48, 605 for the new articles again they are demanding an amount of Rs. 50,817 through their legal notice dt. 24/08/2015 for the same new articles vide their Invoice no. KIPL/0616/2015-16 DT. 24/08/2015 which is really illegal. And it is well understood by this Forum that complainant was harassed by o.p undoubtedly. Accordingly, we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed .Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. of 273 of 2015 ( HDF of 273 of 2015 ) be allowed on contest with costs against the O.P.
That the O.P. is directed to refund Rs. 54,872 to the complainant within one month from the date of this order.
That the o.p is directed to pay an amount of Rs. 5000 as compensation and Rs. 2000 as litigation cost to the complainant.
That the o.p. is further directed to pay the entire amount of Rs.61,872 to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 8% per annum till full realization. The complainant is hereby directed to return the entire almirah set alongwith all isolated body parts, so delivered by o.p, to the o.p after receiving the awarded amount from them. And o.p to take back the said goods at their own cost.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
