The complainant’s case in short is that complainant purchased two Godrej Interior brand furniture one is Computer Table being model No.C-3, MR No.20975 on 25.3.2017 and another is Dining Table being model Duston MR No.21431 on 23.4.2017 from M/s. Glory Furnishers Pvt. Ltd. 62, New G.T. Road, P.O.-Uttarpara, Dist.-Hooghly, Pin-712258, W.B. But opposite party delivered the same to the complainant with defective metal handle of Drawer which later broken (Computer Table) and adhesive between steel body and glass top got damaged Dining Tables).
The complainant further states that he lodged complaint before the Seller and Manufacturer over phone/e-mail but they failed to rectify the furniture. Thereafter the complainant lodged complaint before the Directorate of Consumer Affairs & Fair Business Practice, Hooghly Regional Office, Chinsurah, who called the Seller and complainant on 5.3.2018 and the Seller was promised to redress by 30.04.2018, but opposite party failed to do so. Finding no other alternative the complainant has compelled to file this case before this Forum with prayer to penalize the seller/manufacturer in paying cost for mental & physical agony along with other expenditure incurred.
Issues/ point for consideration in this case are;
- Whether the complainant is the consumer of the opposite party?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any deficiency of service on the part of the opposite party?
- Whether the complainant is entitled to get relief or not?
DECISION WITH REASONS
All the points are taken up together for easiness of the discussion of this case.
In the light of the discussion hereinabove and from the materials on record it transpires that the complainant is a consumer as provided by the spirit of Section-2(1)(d)(ii) of the Consumer protection Act, 1986. The complainant here is a consumer of the opposite party as the complainant purchased two Godrej Interior brand furniture one is Computer Table being model No.C-3, MR No.20975 on 25.3.2017 and another is Dining Table being model Duston MR No.21431 on 23.4.2017 from M/s. Glory Furnishers Pvt. Ltd. 62, New G.T. Road, P.O.-Uttarpara, Dist.-Hooghly, Pin-712258, W.B.
Both the complainant and the opposite party are resident/having their office address within the district of Hooghly. For mental agony and other expenses which is within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
The complainant submits that on 25.3.2017 and on 23.4.2017 purchased one computer table being Model No. C-3, M.R. No.20975 and another one Dining Table being Model Duston MR No.21431 from M/s. Glory Furnishers Pvt. Ltd. 62, New G.T. Road, P.O.-Uttarpara, Dist.-Hooghly, Pin-712258, W.B. The opposite party delivered the same to the complainant with defective metal handle of drawer which later broken (computer table) and adhesive between steel body and glass top got damaged (dining table).
The complainant states that the complainant lodged complaint before the Seller and Manufacturer by e-mail and they failed to rectify the furniture. Thereafter the complainant lodged complaint before the Directorate of Consumer Affairs and Fair Business Practice, Regional Office, Chinsurah, Hooghly. The Consumer Affairs Dept. called the Seller and Purchaser where the Seller promised to redress by 30.4.2018 but the opposite party/seller failed to do so. Finding no other alternative the complainant has come before the Forum for redress.
It is fit case to hold that the complainant has proved the deficiency of service on the part of the opposite party. Notice of this case duly served upon the opposite parties. The opposite party No.1 refused to receive the notice. So, this case runs ex-parte against the opposite party No.1.
The notice duly sent to opposite party No.2 and after receiving the notice the opposite party appeared before this Forum with a prayer to file written version on the date fixed. But thereafter opposite party No.2 did not file written version and no steps taken by the opposite party No.2. On 7.6.2019 the date was fixed for filing written version but opposite party No.2 did not take any steps nor appeared before the Forum. So, proceeding runs ex-parte against opposite party No.2 and next date was fixed for filing evidence on affidavit by the complainant.
In this connection the complainant filed some documents namely evidence on affidavit, photocopy of two receipts issued by opposite party No.1, one print copy of e-mail addressed to opposite party No.1 dated 28.1.2018, one notarized copy of letter addressing to the Director, CA & FBP, Chinsurah, Hooghly dated 29.1.2018, one letter to the Proprietor, M/s. Glory Furnishers Pvt. Ltd. issued by Asst. Director, CA & FBP, Chinsurah, Hooghly dated 3.5.2018.
We have carefully considered the case supported by the above documentary evidence. In view of the fact it is crystal clear that the opposite parties avoid to rectification/replacement against the defective furniture though the complainant communicated over phone and e-mail to the opposite party and representative of Godrej Interio has visited the residence to see defective furniture in between 13.8.2018 and 24.8.2018.
So, it is a fit case to hold that the complainant has proved the allegation of deficiency in service against the opposite party and he is entitled to get relief as prayed for. Hence, it is
Order e d
that the case being No.102/2018 be and the same is allowed ex-parte against the opposite parties.
The opposite parties are directed to rectify the defects of the said furniture of the complainant. The opposite parties are further directed to pay a sum of Rs.10,000/- towards compensation for mental harassment and agony to the complainant. The opposite parties are also directed to pay Rs.2000/- towards litigation cost to the complainant. The all abovementioned directions will be complied with within 45 days from this date of order, i.d. Rs.50/- shall be deposited per day by the opposite parties and that should be deposited in the Consumer Legal Aid Account.
Let the copies of this order be supplied to the parties free of cost.
