DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 63  of   2023

 

 

Sri Palash Bhattacharjee,

S/O- Late Dhananjoy Bhattacharjee,

Milan Chakra Road No. 8,

Agartala, West Tripura,

P.O. A.D. Nagar, P.S. A.D. Nagar,

Pin- 799003. …....…............Complainant.

 

 

 

-VERSUS-

 

 

 

 

 __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

 

 

C O U N S E L

 

For  the  O.P. : Sri Samarjit Bhattacharjee,

 

 

 

ORDER  DELIVERED  ON:   06.04.2024.

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Sri Palash Bhattacharjee of Milan Chakra Road No. 8, Agartala, West Tripura, against the Proprietor of M/S Omkar Furniture, Bardowali, District- West Tripura.

The fact of the case is short is that Sri Palash Bhattacharjee here-in-after called the 'complainant' purchased some furniture from M/S Omkar furniture of Agartala. Sri Gurupada Bhowmik was the original proprietor and after his death Smt. Kanika Bhowmik here-in-after called the 'O.P.' become the proprietor of M/S Omkar furniture. 

 

1.2 On 19.02.2022 the complainant booked one box cot, sofa set and other items for which he advanced Rs.10,000/- out of total amount of Rs.87,000/-. 

1.3 On 06.03.2022 on payment of the rest amount of Rs.77,000/- the complainant took delivery of the furniture and gifted in the marriage ceremony of his daughter. The O.P. assured good quality furniture but after 2 months the wooden box cot  got badly damaged. Being humiliated the complainant requested the O.P.   either to repair the box cot or to replace it by a new one but to no good. Ultimately on 22.02.2023 a Legal Notice was served but in vain. Hence, this case. 

 

2. The O.P. in their written objection denied and disputed the allegations on the ground that after 2 months such complaint can not be entertained as it was informed to the complainant that “goods once sold will not be taken back.” hence prayed to dismiss the complaint.

 

3. The complainant submitted copy of Legal Notice, the cash memo which was issued by the O.P., some picture showing cracks on the wooden box cot and submitted evidence on affidavit.  

3.1 The O.P. also submitted evidence on affidavit. 

 

4. After hearing both the parties the following point is taken up for discussion and decision:-

 

5. The O.P. nowhere denied defect in the wooden box cot. It is not valid defense that a wooden box cot purchased at the price of Rs.52,000/- shall develop cracks within 2 months and the O.P. shall be exonerated on the ground “goods once sold will not be taken back.” U/S 2(10) of the C.P. Act, 2019 defect means “faulty, imperfection or short coming in the quality etc. which is required to be maintained either under expressed or implied contract.”

5.1 In the case at hand it is implied that a wooden box cot purchased at the price of Rs.52,000/- shall not  develop such defects within 2 months. Hence, this is a defect and consequently this is deficiency within the meaning of Section 2(11) of the C.P. Act, 2019. 

5.2 The complainant also leveled allegations regarding sofa set but has not mentioned the kind of defect in the sofa set. 

6. The point is decided accordingly.

7. In the result, we order that the O.P. shall return Rs.52,000/- the price of the wooden box cot to the complainant and shall take delivery of the defective box cot at the initiative of the O.P. on payment of Rs.52,000/-  within one months from today, otherwise this amount shall carry interest @ 7.5% P.A. from today till the date of actual payment. We are not inclined to award further compensation as the box cot was used for 2 months and considering the fact that the original proprietor has expired. 

 

8. The case stands disposed of.

9. Supply copy of this order to both the parties free of cost.  

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.