Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            On general study of the compliant it is found that the present complainant purchased one glass top dining table from Shree Balaji, World Class Life style Furniture (OP) on 21-03-2012 on payment of Rs.7,000/- but it is ill luck of the complainant that the said table broke down completely without any rough handling for which he met the OP and reported the matter with request to replace but OP tried to sell another table.  But complainant went to OP’s shop on the next date but again OP refused to replace.  So, the complainant sent OP an official letter on 02-06-2012 which OP received on 08-06-2012 but after lapse of more than two months of receipt of the letter OP has not responded and finding no other alternative complainant filed a complaint to CA&FBP where the matter was taken up for mediation but that failed for OP’s negative approach.

            It is to be mentioned that at the time of purchase the OP received a sum of Rs7,000/- but issued a bill with heading “Quotation and Estimate”.  But anyhow complainant did not think otherwise and accepted the same as receipt but in such a manner OP has deceived the present consumer by adopting such unfair trade practice for which for redressal the complaint is filed.

            On the other hand, by filing written objection OP has submitted that without any receipt they never sold any article to anyone and complainant never purchased it from the OP and he never visited his shop and all the allegations as made in the complaint are completely false and fabricated and fact remains that there was no question of stating anything that the complainant that in place of pucca bill such type of bill was issued and enter story is concocted and cock and bull story and in the circumstances, OP has prayed for dismissal of the case.

Deciision with Reasons

At the time of hearing of the argument Authority of the OP appeared personally and after completion of the hearing from both the sides we asked the OP to settle the matter without entering into further complications and that OP’s Authority submitted that they shall have to take such steps to materialize the matter and as a good gesture.  OP shall have to take the matter with the complainant and they shall take all such steps to satisfy the complainant so that the present claim may be otherwise settled.  When the authority of the OP is present before the court submitted that the quotation-cum-estimate was issued from their shop but as because he was not there at that time it was not possible for him how it was issued and question of such issuance of receipt is generally arisen when any letter is made by any intended purchaser but anyhow OP has failed to produce letter on behalf of the complainant for such estimated cost of quotation.

            Whatever it may be after considering the entire fact and materials we have gathered the matter may be handed over to the OP for settlement with hope that OP shall have to take up the matter and satisfy the complainant’s grievance with moral approach what has been given by the Authority of the OP before this Forum and for which we are passing an order disposing of the dispute with a direction to the OP to meet the complainant at his house to determine the entire matter and anyhow make the table as before so that the complainant may use it.

            Accordingly, the complaint is disposed of on the basis of the assurance given by the OP’s Authority who is present before this Forum.

Hence,

Ordered

That the complaint be and the same is disposed of finally on the consent of the OP’s Authority before this Forum and accordingly, OP is hereby directed to go to the house of the complainant and to give him such relief by restoring his satisfaction in respect of the said glass top dinner table and it must be done within 45(forty-five) days from the date of this order and after compliance of the same OP shall have to submit report that the matter has been completely restored to its original form and complainant is satisfied.

            At the same time complainant Daktarbabu is requested to cooperate with OP and with mutual cooperation the said doctor shall have to settle the entire matter with the OP as per direction of the OP so that no further execution case may be started by the complainant.

            OP is directed to comply this order failing which penal action may also be taken against him for non-compliance of the forum’s order and for any sort of disobedience of Forum’s order.