In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 72 / 2010.
1) Prof. Sandip K. Chakraborti,
(In Charge, Academic Affairs) representing
Indian Centre for Space Physics (ICSP),
43, Chalantika, Garia Station Road, Kolkata-700084. ---------- Complainant
---Versus---
1) Managing Director representing
Radon House Private Limited,
7, Sardar Sankar Road, Kolkata-700026. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 22 Dated 15/05/2012
The petition of complaint has been filed by the complainant Prof Sandip Kr. Chakraborty against the o.p. Radon House Pvt. Ltd. The fact of the case in short is that complainant received quotation from o.p. on 13.12.06 for Rs.5,58,000/- with VAT charges @ 12.5% extra for procuring an x-ray generator system for the use of ICSP i.e. Indian Centre for Space Physics, 43, Chalantika, Garia Station Road, Kolkata-84 for the X-ray Lab in Dec. 2006 and finally price was ascertained to be Rs.6,39,000/- including VAT and complainant actually made payment of Rs.2,30,000/- towards cost of the X-ray Tube. The x-ray generator as above was brought to ICSP premises for installation by road transport on 18.12.06.
Further case of the complainant is that there is no question of second hand item but the vendor had supplied very old x-ray tube as a backup as they have no new tube in their stock and since there was no provision to hold back part payment ICCSP paid the whole amount including Rs.2,30,000/- for a new x-ray tube.
Further case of he complainant is that o.p. referred to supply the new tube or any document relating to the old Philips and x-ray tube which were supposed to have imported. The x-ray tube which was almost 30 years old broke in about 2 years time. Upon claiming of new tube from the vendor, complainant received the reply from o.p. that since the warranty period was over, o.p. was not liable for the loss.
ICSP contacted Philips dealer who was not authorized to sale new tubes. Further case of the complainant is that since o.p. quoted the price as against new product of x-ray tube, but supplied old product and for non supply of new product ICSP had to shut down the entire s-ray generator system and had to loose many projects. Hence, the case has been filed by complainant with the prayer contained in the prayer portion of the petition of complaint.
Sole o.p. had entered its appearance in this case by filing w/v stating therein that instant case is not maintainable for mis-joinder of necessary party and complainant does not come within the scope and ambit of the definition of ‘consumer’ as defined in COPRA and has prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is found from the record that complainant paid the entire amount for the goods in question and second hand goods were supplied new goods were not in stock.
Having this back ground and on close scrutiny of the materials on record we hold that o.p. had clear latches being a service provider to its consumer / complainant within the definition as defined as consumer in COPRA. Since, o.p. supplied old goods instead new goods despite receipt of full consideration money from the complainant for the said goods. As such, we hold that complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest in part with cost against the o.p. O.p. is directed to pay to the complainant Rs.2,30,000/- (Rupees two lakhs thirty thousand) only together with interest @ 9% p.a. from the date of payment for purchasing the goods in question till the date of realization. O.p. is further directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for his harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is strictly directed to return the goods in question lying with them after realization of the entire awarded sum as ordered above within 30 days from the date of full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
