The fact of the case in brief is that on 12/03/16 the complainant purchased two saries with Rs. 14,515/- from the shop of the OP. Immediately after purchasing the two saries the complainant found some manufacturing defect in one of those saries when she about to use it. On 19/03/16 the complainant returned the defective saree to the OP. The OP made an endorsement in the cashmemo being no.973 dated 12/03/16 and assured the complainant to replace the same with new one. After that the complainant found same manufacturing defect in another of the two sarees. She returned it to the OP and the OP accepted the same with assurance to replace it with new saree. Thereafter the complainant repeatedly visited the shop of the OP for replacement of those sarees but till date the OP neither replaced those sarees non returned the amount towards the consideration of those sarees of Rs. 14,515/-. On 22/10/16 the complainant sent lawyers notice claiming refund of the consideration of those two sarees with interest and compensation. Receiving the same the OP intimate with complainant over phone with assurance to solve the dispute and called her to meet at the shop. When the complainant went to the shop of the OP, they tried to compel her to accept almost two years old sarees which were of different products and of less value than the products the complainant returned to them and the complainant refused to accept those old sarees then the OP abused the complainant. Thereafter finding no other alternative the complainant files this case.
The OP did not file W/V and thus case proceeded ex-parte against the OP.
The complainant files documents and affidavit in chief in support of his contention.
The complainant purchased two sarees for a consideration of Rs. 14,515/- from the shop of the OP. Hence the complainant is a consumer under section 2(d) of Consumer Protection Act 1986. The address of the OP falls within the territorial jurisdiction of this Forum and as such the cause of action arose at Siliguri. Thus the case is well maintainable in this Forum.
From the document, filed by the complainant it is evident that on 12/03/16 the complainant purchased two sarees from the OP with Rs. 14,515/- . The complainant found defect in those sarees and returned those to the OP. The OP received it with an endorsement ‘dispute item’ in the cashmemo being No. 973 dated 12/03/16. It reveals that the OP admitted the fact that sarees were defective. The complainant claims that inspite of giving assurance to the complainant the OP neither replace it with new sarees nor returned the amount of Rs. 14,515/-. The complainant further claims that after receiving the legal notice send by the lawyer of the complainant, the OP tried to compel her to accept old sarees in place of defective sarees and when the complainant refused to accept it the OP abused the complainant which amounts to unfair trade practice and deficiency in service on the part of the OP.
From the above discussion we are of the view that there is nothing to disbelieve the complainant in absence of any evidence on the contrary. As such the case of the complainant succeeds exparte.
Hence it is
O R D E R E D
That the case 124/S/16 be and the same is allowed exparte against the OP.
The OP is directed to pay Rs. 14,515/- to the complainant towards the purchase price of the two sarees.
The OP is also directed to pay Rs. 10,000/- to the complainant towards the compensation for mental agony and sufferings.
The OP is further directed to pay Rs. 2,000/- to the complainant towards the cost of legal proceedings.
The OP is directed to pay the entire amount to the complainant within 45 days of this order failing which the above amount i.e. Rs. (14,515/- + 10,000/-) 24,515/- will carry interest @ of 9 per cent per annum from the date of this order till its realization.
In case of default of payment as ordered above the complainant is at liberty to execute this order through this Forum as per law.
Copy of this order be supplied to the parties free of cost.
