DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No.01/2015
Date of filing:05.01.2015 Date of disposal:30.06.2015
Complainant: Sri Atanu Roy, S/o. Sri Mukteswar Roy, resident of Lachipur Colleing Colony,
P.O.- Kajoragram, P.S.-Andal, Dist.-Burdwan.
-VERSUS-
Opposite Party: The Proprietor/Manager, M/s. Matrix, Raniganj, P.O. & P.S.-Raniganj, Dist.-
Burdwan, W.B.
Present : Hon’ble President: Sri Asoke Kr. Mandal
Hon’ble Member : Smt. Silpi Majumder
Appeared for the Complainant: Ld. Advocate, Girija Prasad Das.
Appeared for the Opposite Party: None.
JUDGEMENT
This is an application U/s. 12 of the C.P. Act, 1986 filed by the complainant with the prayer directing the O.P. to replace the mother board in question, to pay compensation of Rs.2000/- for mental agony and pain and to pay litigation cost of Rs.2000/-.
The complainant’s case in short is that, the complainant purchased one mother board along with antivirus from the O.P. on 31.12.2013 at the cost of Rs.2,430/- but from the very day said mother board was not functioning well and found defective for its as unusual function. The complainant informed the matter to the O.P. with the request to change the mother board but the O.P. did not pay
(2)
any heed to it. Thereafter the complainant made an application before the Asst. Director Consumer Affairs and Fair Business Practices, Durgapur Regional Office. The Asst. Director, CA & FBP was pleased to issue a letter to the O.P. requesting him to appear on 9.12.2014 for settlement the dispute in a try parted meeting. The O.P. did not pay any respect to such request and he did not appear in said try parted meeting to settle the dispute. The complainant also intimated the matter to the In-charge, Consumer Assistance Bureau, Durgapur with a request to institute the case against the O.P. but no fruitful result was made.
Hence, this case.
Inspite of service of notice of this case upon the O.P. he did not appear to contest the case. So, this case was heard ex-parte against the O.P.
DECISION WITH REASONS
To prove his case the complainant has relied upon the contains of the complaint petition which is supported by an affidavit, photocopy of the receipt dated 31.12.2013 issued by the O.P. showing purchase of the mother board and antivirus at the cost of Rs.2,430/-, the photocopy of the letter written by the complainant to the In-charge, Consumer Assistance Bureau, Durgapur, the photocopy of the letter dated 18.11.2014 issued by the Assistant Director, CA & FBP, Durgapur Regional Office and the photocopy of the letter dated 9.12.2014 issued by Assistant Director, CA & FBP, Durgapur Regional Office.
We carefully peruse the above documents and the contains of the written complaint. The documents as mentioned above and the contains of the complaint have not been challenged by the O.P. by adducing any evidence or by filing any
(3)
written version. So, we find nothing to disbelieve the evidence adduced by the complainant and the contains of the complaint which is supported by an affidavit. The receipt dated 31.12.2013 clearly shows that the complainant purchased the mother board and antivirus from the shop of the O.P. and the O.P. in that connection issued this receipt. The letter dated 18.11.2014 shows that the fact that the mother board was not functioning well from the date of purchase and the O.P. was requested to settle the dispute but the O.P. did not pay any heed. The contains of the written complaint should not be disbelieved as it is supported by an affidavit.
In view of the above discussions and considering the materials on record we are of the opinion that the complainant purchased the mother board as mentioned in the written complaint along with antivirus from the O.P. on 31.12.2013 at the cost of Rs.2,430/- and since such date the mother board was not functioning well and also inspite of requests made by the complainant and the Assistant Director , CA & FBP, Durgapur Regional Office, the O.P. did not rectify his fault by replacing the mother board as mentioned above. The acts of the O.P. clearly show that the O.P. has/ had negligence and he continued unfair trade practice. For this act of the O.P., the O.P. is liable to replace the mother board as mentioned in the receipt dated 31.12.2013 and as mentioned in the body of the complaint.
For the act of the O.P. the complainant suffered from mental agony, harassment and pain. So, the O.P. is liable to pay compensation to the complainant.
(4)
For the illegal act of the O.P. and for his deficiency in service & unfair trade practice, the complainant was forced to come before this Forum and to file this written complaint. So, the O.P. is liable to pay litigation cost.
In view of the above discussion the complaint succeeds.
Fees paid is correct. Hence, it is
ORDERED
that C.C. No.01/2015 is allowed ex-parte without any cost,
that the complainant get an award directing the O.P. to replace the mother board as mentioned in the body of the complaint by a new one with making payment of compensation of Rs.2000/- and litigation cost of Rs.1000/- to the complainant within one month from this day, failing which the compensation amount and the litigation amount as awarded will carry interest @ 9% p.a. from this day and the complainant will be at liberty to put this order in execution in accordance with law. Let the copy of this order be supplied to the parties free of cost.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Silpi Majumder)
Member
D.C.D.R.F., Burdwan
