This case is taken up for exparte order.
The case of the complainant in brief is that on 02.02.12 complainant purchased two molded chairs with Rs.220/- each and paid Rs.440/- and also paid Rs.100/-in addition for three years guarantee charges . But after purchasing the two chairs it is come out that one of the chairs is defective and it unable to fixed on the floor properly. The complainant rushed for changing to the OP no 1 but the Op no 1 refused to change it. On 16.07.2014 one of the chairs broke down and the complainant asked to take back the chairs to the Op no 1 and asked to refund the chair as the chairs are under guarantee period. But the Op no 1 narrated that Once sold cannot be taken back and the chair company is not in existence. The complainant stated the fact to the secretary of Op no 2 as the receipt given by the Op no 1 is not to the norms and regulation of the business law .The complainant initiated a prelitigation before the Assistant Director, Consumer Affairs and Fair Business Practice, Siliguri Regional Office but the Op No 1 denied his obligation.
Thus this case filed by the complainant.
The Op no 1 & 2 have not taken any step despite proper service. Subsequently the case proceeds exparte against the Ops no 1 & 2.
The complainant files following documents in support of his contention:-
- Estimate slip.
- Copy of prelitigation mediation.
The complainant also led evidence narrating the incident in terms of the complaint.
The complainant purchased two molded chairs from the Op no 1 and paid Rs.440/- for the two chairs and paid additional Rs. 100/- for three years as guarantee charge. So, the complainant is a consumer under the Consumer Protection Act 1986.Both the Ops are within the jurisdiction of this Forum. The claim of the complaint is within the pecuniary jurisdiction of this Forum. Hence the case is well maintainable in this Forum.
The complainant purchased two molded chairs from the Op no 1 with Rs.440/- and paid Rs.100/- in addition as three years guarantee charge. After purchasing it is come out that one of the chairs is defective. When the complainant rushed for change it to the Op no 1, Op no 1 refused to change it. After that within the guarantee period one of the chairs broke down. As per guarantee the complainant asked to take back the chair and to refund the price of the chair but the Op no 1 refused the claim of the complainant.
From the above discussions and from all the documents filed by the complainant this Forum is of the view that there is nothing to disbelieve the complainant as the Op no 1 did not come forward to contest the case. And the complainant succeeds to prove the deficiency of service & unfair trade practice on the part of the Op no 1.
No relief has been shought for by the complainant against the Op no 2.Hence the case is dismissed against the Op no 2.
The complainant is entitled to get the price of the chairs including the guarantee money totaling Rs.540/- with compensation of Rs.3, 000/- for harassment, financial loss and mental agony.
Hence, it is
O R D E R E D
The Consumer Case No.133/S/2015 be and the same is allowed exparte against the OP no 1 and dismissed against the Op no 2.
The Op no 1 is directed to pay Rs.540/- for the price of the two chairs including the guarantee money to the complainant along with compensation of Rs.3,000/- for harassment , financial loss, and mental agony failing which the complainant also entitled to have interest of the above sum i.e. Rs.3,000/- + Rs.540/- = Rs.3,540/- at the rate 9% per annum from the date of this order till realization.
In order to default payment as ordered above the complainant is at liberty to put the decree into execution.
Copies of this Judgment the supplied to the parties free of cost.
