DISTRICT CONSUMER FORUM, DUMKA

                                                CC No.03 of 2015

 Suresh Mandal………………………………………….….. Complainant

Vs

 Mr. N.B. Jha Proprietor of M/S Aayaan .  …….………..………OP

  21.03.2015                                                    ORDER

 This complaint is filed under the provision of the  Consumer Protection Act 1986 whereby the principal claim amount is Rs.490/ which is said to be the price of one Cartage of Printer. Besides, compensation of Rs.5000/ and litigation cost Rs.1000/ is also claimed against the OP.  

Case of the complainant is that he purchased one Cartage from the OP. It was found nonperforming. It was complained to whereupon the OP told  him to check his printer as the Cartage  is good. He (complainant) brought his Printer to the shop of the OP which was found working good  on the other hand the Cartage defective one . Then the OP asked him to come after two days for solving his problem. He visited accordingly. But he was told that the wholeseller is being contacted  to solve his problem. He again visited the OP shop lastly on 02.21.2015 when the OP flatly refused to replace or return it. Hence the present case.   

                The case was registered on 21.01.15 and admitted on 05.02.15. Notice through registered Post was sent to the OP. The OP, however did not appear. Seeing  element of compromise, the case was referred to National Lok adalat held on 08.08.2015 before appearance of the OP in the FORUM. On notice for settlemen as prelitigation basis, the OP and complainant appeared but could not agree at last. The record received back thereafter the Op was given  5 adjournments to file his version. But the OP did not choose to file his version. Lastly we have no option but to decide the case on merit.

Althogh no evidence is filed by the complainant, the contention of the complaint petition is supported by affidavit sworn in by the complainant Suresh Mandal. Photocopy of  Cashmemo dated 27.12.14 of HP CARTAGE 21BC9351BAf sold to Suresh Mandal (the complainant) by M/s Aayan is on record. There is nothing to disbelieve the version of the complainant in absence of any counter version of the OP. Thus we allow the complaint petition and we direct the  OP to replace the sold CARTAGE with new and good one of the same company or to refund its cashe meno price to the complainant. We also allow litigation cost Rs.500/ (five hundred).

            The order shall be complied within one month from receiving the copy of this order or from the date of producing a copy thereof  to the   by the complainant failing which the

Complainant will be at liberty to take action u/s25 and 27 of the consumer Protection Act, 1986.

   Let free copy of the order be supplied to the parties.                     .