Date of filing: 18.09.2018 Date of disposal: 09.10.2018
Complainant: Arup Kumar Hazra, S/o. Late Shyama Prasad Hazra, resident of Barddhaman Sadar, PS> & Dist: Purba Burdwan, PIN – 713 101.
Opposite Party: 1. LOUHA BIPANI, represented by its Proprietor, having its office at 7/1, G. T. Road, Monimart, PO> & PS: Burdwan, Dist: Purba Barddhaman, PIN – 713 101.
2. Shivani Paint Works, represented by its Manager, having its office at 323, Jyotish Roy Road (Near Hindus Sweet), Kolkata – 700 053.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the OP No.1: Ld. Advocate, Santi Ranjan Hazra.
Appeared for the OP No.2: Ld. Advocate, Amit Kr. Shaw.
Order No. 08, Dated: 09.10.2018
This order is arising out of the M.A. being No. 65/2018 filed by the complainant in the C. C. No. 74/2018 praying to pass necessary order by directing the Head of Department (HoD), Bureau of Indian Standard, Eastern Regional Office for furnishing the name and remuneration of the Expect and examination of defective white cement.
The complainant has filed this instant case with allegation of manufacturing defects of cement paint. It is stated by the complainant that after purchasing white cement (snowcem)and painting newly built walls, within a short period the cement pain (snowcem) begun to move from the surface of the wall before giving final paint. Moreover the dusts of cement paint not only moving from the walls but also it came into the rooms of the house as well as his neighbours. Therefore, for proving the manufacturing defect of the white cement the specimen should be sent to the laboratory for examination, as per schedule mentioned in the application. So for proper adjudication of the case it is now necessary to pass appropriate by directing the Head of Department (HoD), Bureau of Indian Standard, Eastern Regional Office for furnishing the name and remuneration of the Expect of paint/while cement (snowcem) of his Department and with required procedure to this ld. Forum, otherwise, the complainant will suffer irreparable loss and injuries. The complainant has also stated that he is ready to bear the cost of the ld. Expert and the complainant is also ready to deposit the specimen of white cement/snowcem for sending the same to the laboratory as and when the ld. Forum so direct.
The copy of the same has been received by the Ops. OP-1&2 raised objection against such application stating that the petition should not be allowed.
After hearing both sides, we are of the opinion that the complainant has filed this complaint alleging deficiency in service and unfair trade practice against the Ops as the Ops have supplied him defective cement paint (snowcem) and they did not take any step to solve the dispute after getting complaint. As there is complaint regarding defective goods, so it is very much necessary to prove the same expert opinion is essential. Therefore, the prayer of the complainant for report of expert in the field of such goods should be allowed.
Hence, it is
O r d e r e d
that the Misc. Application being No. 65/2018 be and the same is allowed on contest against the Ops without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
