- Susmita Lahiri,
C/o United India Ins. Co. Ltd.,
D.O.Vi, 8, N.S. Road, 1st Floor, Kolkata-1. _________ Complainant
____Versus____
- M/s Gabas Times (P) Ltd.,
Through S.H. Mamtajuddin,
7, Radha Bazar Street, P.S. Hare Street,
Kolkata-1, Room No.4 and
P-19, Gariahat Road,
P.S. Gariahat, Kolkata-19. ________ Opposite Parties
Present : Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 11/09/2014.
The case of the complainant in short is that complainant has purchased a wall clock from o.p. on 8.2.13. She purchased the said wall clock by spending a sum of Rs.1800/-.
It was observed by complainant that the said wall clock was not working in proper form since 8.4.13 and she approached the o.p. company for taking necessary action on their part to replace the wall clock, but o.p. refused to replace the same. On hearing that complainant left the wall clock in the custody of o.p. company.
On 12.4.13 she has requested to o.p. to make an exchange of the said wall clock within three days, but o.p. kept silent. In view of the above, complainant filed the instant case with the prayer contained in the prayer portion of the petition of complaint.
Representative of o.p. appeared in the case by filing authorization but not filed w/v till date and as such, the entire proceeding has been proceeded ex parte against the o.p.
Decision with reasons:
It appears from the foregoing paragraph that since o.p. had not contested the case, so there is no scope to disbelieve the statement made by complainant as stated above.
In view of the above, we are of the view that o.p. had made sufficient deficiency to the complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund the money by which complainant has purchased the wall clock in question i.e. Rs.1800/- (Rupees one thousand eight hundred) only and is further directed to pay to the complainant a sum of Rs.1000/- (Rupees one thousand) only as compensation for harassment and mental agony and litigation cost of Rs.200/- (Rupees two hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.