Date of filing: 26.12.2018 Date of disposal: 20.09.2019
Complainant: Ranapratap Singha, S/o. Alik Kumar Singha, resident of Vill. & PO: Shilampur, PS: Kanksa, District: Paschim Barddhaman, Pin – 713 169.
Opposite Parties: MAA DURGA FURNITURE, represented by its Proprietor, having its office at Vill: Dhobaghata, PO: Amlajora, PS: Durgapur, District: Paschim Barddhaman, PIN – 713 212.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms.. Nivedita Ghosh.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party : None (ex parte).
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C. P. act, 1986 against the OP alleging deficiency in service and unfair trade practice.
The case of the complainant is that he wanted to purchase two beds with box facility for his new house and as such he went to the shop, namely, “MAA DURGA FURNITURE” at village Dhobaghata, PO: Amlajora within PS: Durgapur on 22.05.2018 and after that, conversation with Proprietor of “MAA DURGA FURNITURE” he choose two beds with box facility and further came to know that the total price of the said two beds with box facility are Rs. 1,40,500.50 and at the same time he paid Rs. 1,20,000=00 as advance for the said two beds with box facility and also settled the rest amount of Rs. 20,500.50 will be paid at the time of delivery and the Proprietor also agreed that he will deliver of those two beds within two weeks.
The complainant alleged that the OP did not deliver the said two beds with box facility within time as per their conversation and also failed to intimate the same to the complainant but only gave assurance to the complainant as per his request on several times.
Further allegation of the complainant against the OP is that when he failed to deliver the said two beds with box facility, then the complainant sent legal notice through his ld. Lawyer to the OP on 08.12.2018 through speed post and after receiving the said legal notice OP still take no step to solve the dispute and for that the complainant is suffering huge mental pain, agony and harassment and compelled to file the present application u/S. 12 of the C. P. Act against the OP for delivery of the two beds with box facility after receiving amount from him or to pay/refund a sum of Rs. 1,20,000=00 which he received from the complainant as advance for two beds with box facility along with interest @18% per annum from 22.05.2018 and further claim Rs. 20,000=00 as compensation towards mental pain, agony and harassment and also claim Rs. 50,000=00 as litigation cost.
It appears from the petition that the OP did not issue any receipt of Rs. 1,20,000=00 to the complainant on 22.05.2018 when he received the said amount as advance from the complainant but he issued the same on 19.07.2018 after several request.
The cause of action arose on and from 22.05.2018 and the same is continuing as the OP fails to solve the dispute i.e. either to refund entire advance amount with interest or to hand over two beds with box facility after taking rest amount from the complainant.
It also appears that after filing the present claim application, the complainant has been able to send notice to the OP by filing requisition as per order of Forum Court and OP also received the same as per track report but did not appear before the Forum Court to contest the claim application by filing written version and as such the present case run ex parte against the OP.
Points for consideration:
(1) Whether the present claim application maintainable according to law?
(2) Whether any deficiency in service or unfair trade practices done by the OP?
(3) Whether complainant entitled to get any relief as prayed for?
Decision with reasons:
To prove the allegation against the OP, the complainant able to produce original Tax Invoice/Cash Memo issued by OP on 19.07.2018 along with Xerox copy of notice sent through Ld. Lawyer and other documents showing that OP received the notice as well as copy of claim application from the complainant. Complainant is also able to produce his evidence through affidavit.
Now it appears that to prove the allegation against the OP, the complainant is duty bound to show that he is a bonafide consumer under OP according to C. P. Act and here it appears that the complainant is able to produce the original cash memo being No. 67, dated 19.07.2018 issued by “MAA DURGA FURNITURE”, Amlajora, Dhobaghata, Burdwan which reveals that the cash memo issued in the name of the complainant, namely, Ranapratap Sinha on 19.07.2018 and it further appears that price as well as measurement of two beds with box fitting are also mentioned, i.e., the measure of said beds with box facility are 6X7 and the total price is Rs. 1,40,500.50 for two pieces of bed and Rs. 70,250.25X2 each and it is also mentioned that complainant paid Rs. 1,20,000=00 as advance on 22.05.2018.
So complainant is able to prove that he is a consumer under the OP.
Accordingly, this is disposed off.
Now next point for consideration, i.e., whether any deficiency in service or unfair trade practices have done by the OP upon the complainant or not?
Now it further appears that being a lawful consumer under the OP, the complainant has been compelled to lodge the present claim application against OP on the ground that he had paid advance price for two beds with box facility to the OP with a condition that the rest amount will be given at the time of delivery of the said beds and OP also agreed to deliver the said articles within two weeks from the date of receiving the advance amount, but ultimately OP has failed to deliver the said articles.
It further appears that whether such type of conduct of OP will be considered as unfair trade practice or deficiency in service have done upon the complainant or not and to prove the same it appears that the complainant went to the shoproom of OP for his two beds on 22.05.2018 and on the same date he paid maximum amount to the OP but the OP did not issue any receipt for advance money on that day but he after receiving advance money agreed to deliver the same within two weeks, which he failed.
So from such type of conduct of OP it was clear from the very beginning i.e. to take money without delivering any articles and for that no receipt also issued on 22.05.2018, reason best known to the OP though the receipt was given on 19.07.2018, when the complainant again visited the shoproom for query about said beds.
It is not disputed that there was an oral agreement executed in between themselves on 22.05.2018 for two beds with box when as per oral agreement, the complainant has given Rs. 1,20,000=00 as advance for two beds with box, on condition that OP also deliver the said beds within two weeks and also agreed the same and thereafter the OP without any hesitation failed to hand over the said two beds with box facility within time even the date when the complainant lodged the complaint and the OP never informed about the incident for which he failed to deliver the said articles before the complainant as per oral agreement, on the other hand, OP kept mum regarding delivery of the said two beds with box, at first within two weeks and then after receiving the Lawyer’s notice and thereafter notice of present claim application u/S. 12 of the C. P. Act.
So it is clear from the very beginning that the OP was aware about its own behavior by not supplying any bed with box to the complainant.
Accordingly this issue disposed off.
Now next point for consideration is whether the complainant is entitled to get any relief as prayed for and at the time of consideration of this issue, the conduct of the OP shows that the intention of the Proprietor of the OP is/was not to deliver the two beds with box facility to the complainant but his intention was only to cheat the complainant.
So under such circumstances the complainant is able to prove that he is a bonafide consumer under the OP and is entitled to get relief as prayed for.
All the issues thus disposed off in favour of the complainant.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 223/2018 be and the same is allowed ex parte against the Opposite Party with a direction to the Opposite Party to deliver two beds with box facilities as per order of the complainant within 20 (twenty) days from the date of this order,
or,
refund the amount of Rs. 1,20,000=00 (Rs. One lack twenty thousand) only paid by the complainant along with interest @9% (nine per cent) per annum from 22.05.2018 (the date of payment of advance) till its realization.
The Opposite Party is further directed to pay Rs. 5,000=00 (Rs. Five thousand) only as compensation for mental pain, agony and harassment and Rs. 2,000=00 (Rs. Two thousand) only as litigation cost to the complainant. The entire award should be complied by the OP within 50 (fifty) days from the date of passing of this award, failing which, the complainant is at liberty to put the award in execution as per provisions of law.
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
(Nivedita Ghosh) D.C.D.R.F., Purba Bardhaman
Member
D.C.D.R.F., Purba Bardhaman
(Nivedita Ghosh)
Member
D.C.D.R.F., Purba Bardhaman
