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.53/2011
1) Sri Prasanta Paul,
AC 17, Salt Lake City, Sector-1, Kolkata-64. ---------- Complainant
---Versus---
1) Mint Investment Ltd. (MUSLIN),
Dhunseri House, 4A, Woodburn Park,
P.S. Shakespeare Sarani, Kolkata-20.
2) Muslin (India) Traders (P) Ltd.
369, CRC Building, Sultanpur Crossing
M.G. Road, New Delhi-110030. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 24 Dated 27-05-2013.
The case of the complainant in short is that complainant for his home placed an order to the o.p. for supplying few curtains including tailoring and fitting of the same. Complainant before placing such order to the o.p. visited the showroom of the o.p. on 11.2.10 and choose few curtains from their showcase in spite of know the facts that the complainant purchase the fabrics in question for the purpose of curtain the o.p. supplied fabrics which is not at all a curtain fabrics.
On 12.2.10 the complainant placed an order for supplying, tailoring and fitting of aforementioned curtains and for which the o.p. charged a sum of Rs.2,11,282.50. Complainant paid entire amount of bill raised by the o.p. on several days.
Accordingly o.p. sent their men to the complainant’s house, surveyed the rooms and thereafter supplied and fitted the materials viz. curtains to the complainant’s place. After fitting of the said curtains valued Rs.2,11,282.50 the complainant pointed out defects of the said curtains immediately and over phone and the o.p. assured that they will rectify the same at their own costs.
Thereafter the o.p. sent Sri Sajjan Agarwal who visited the complainant’s premises and assured to rectify the cluttering and ballooning effects of the said curtains. O.p. thereafter tried to their best to rectify the same by re-stitching of the said curtains but failed to satisfy the complainant.
Complainant has reason to believe that the materials supplied to the complainant is not the same which had been ordered and the o.p. tried to making fool the complainant by way of saying that the ballooning effect of the curtains appeared due to bad tailoring but unable to make it in order.
Thereafter complainant wrote several letters to the o.p. vided letters dt.28.6.10, 11.8.10, 30.8.10, 30.9.10, 11.12.10 and 14.12.10 requesting the o.p. to take back the defective curtains and refund the money or replaced he same as per specification. O.p. in spite of several complaints neither replace the said defective curtains nor refund the complainant’s money. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. no.1. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2. Ld. lawyer of o.p. no.1 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant for his home placed an order to the o.p. for supplying few curtains including tailoring and fitting of the same. Complainant before placing such order to the o.p. visited the showroom of the o.p. on 11.2.10 and choose few curtains from their showcase in spite of know the facts that the complainant purchase the fabrics in question for the purpose of curtain the o.p. supplied fabrics which is not at all a curtain fabrics.
It is seen from the record that on 12.2.10 the complainant placed an order for supplying, tailoring and fitting of aforementioned curtains and for which the o.p. charged a sum of Rs.2,11,282.50. Complainant paid entire amount of bill raised by the o.p. on several days.
And accordingly o.p. sent their men to the complainant’s house, surveyed the rooms and thereafter supplied and fitted the materials viz. curtains to the complainant’s place. After fitting of the said curtains valued Rs.2,11,282.50 the complainant pointed out defects of the said curtains immediately and over phone and the o.p. assured that they will rectify the same at their own costs.
Thereafter the o.p. sent Sri Sajjan Agarwal who visited the complainant’s premises and assured to rectify the cluttering and ballooning effects of the said curtains. O.p. thereafter tried to their best to rectify the same by re-stitching of the said curtains but failed to satisfy the complainant.
We find from the record that complainant has reason to believe that the materials supplied to the complainant is not the same which had been ordered and the o.p. tried to making fool the complainant by way of saying that the ballooning effect of the curtains appeared due to bad tailoring but unable to make it in order.
Thereafter complainant wrote several letters to the o.p. vided letters dt.28.6.10, 11.8.10, 30.8.10, 30.9.10, 11.12.10 and 14.12.10 requesting the o.p. to take back the defective curtains and refund the money or replaced he same as per specification. But o.p. in spite of several complaints neither replace the said defective curtains nor refund the complainant’s money.
And we find that o.p. no.1 supplied substandard materials to the complainant and such action on the part of o.p. no.1 amounts to deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.1 and ex parte without cost against o.p. no.2. O.p. no.1 is directed to pay a sum of Rs.2,11,282/- (Rupees two lakhs eleven thousand two hundred eighty two) only to the complainant towards the defective supply of curtains and is further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is directed to return the entire curtain in question to O.p.1 after realization of the award within 15 days from that date if the curtain is still lying with him.
Supply certified copy of this order to the parties free of cost.
