This case has been filed U/s.12 of the Consumer Protection Act, 1986 filed by the complainant, Sri Manik Podder.

The brief facts material to this case is that complainant booked one “GODREJ STRONG DOOR”, Class 2 with & BIS LOGO from op no. 1 (M/S GLORY FURNISHERS PVT. LTD.) AT A PRICE OF Rs. 3,95,000/- (Rupees Three Lakhs Ninety Five Thousand) only. On 5.12.2018 accordingly for purchasing of the same paid Rs. 1,90,000/- to op no. 1 under proper money receipt by issuing a cheque bearing no. 500590 dt. No.12.2018 of ICICI Bank, Uttarpara Branch, Hooghly. Again complainant paid Rs. two lakhs to op no. 1 on 02.01.2019 by issuing a cheque no. 500593 dt. 2.01.2019 of the same Bank.

It is alleged by the complainant that op no. 1 delivered on 24.1.2019 one Godrej product without the key with BIS LOGO and op no. 1 assured that he would give the key with BIS LOGO soon, but failed to do so. Accordingly, fitted that SAFE GODREJ STRONG ROOM DOOR – CLASS-2 with a hope to have the key with BIS LOGO from op no. 1 but op no. 1 did not give such key and thus op no. 1 is deficient in rendering service within the meaning of Consumer Protection Act, 1986.

It is also alleged by the complainant that op no. 1 since from the delivery of that product is being a guilty of failing and neglecting to his duties to the complainant. Accordingly, complainant has prayed for direction upon op no. 1 to hand over the key with BIS LOGO to the complainant for using the Godrej Strong Room Door Class-2 in default op no. 1 be directed to refund the entire amount paid by the complainant i.e. Rs. 3,95,000/-. Complainant also prayed for direction upon op no. 1 to pay Rs. 1,50,000/- towards the cost of fittings of the said Godrej Strong Room Door Class-2. Complainant also has prayed for direction upon op no. 1 to pay Rs. two lakhs for causing mental harassment to the complainant and also complainant has prayed for granting an award of Rs. 25,000/- towards litigation cost.

As op no. 1 did not contest the case and as such present case has been proceeded ex parte against the op no. 1. 

Complainant made GODREJ & BOYCE MANUFACTURING COMPANY LIMITED (Locking Solution & System Division Plant 18A) as proforma op.

In support of his case complainant filed affidavit-in-chief and in his affidavit-in-chief complainant more or less corroborated  version of complaint. From the copies of documents it appears that complainant filed Certificate of Enlistment under Uttarpara Kotrung Municipality for carrying on his business, Challan cum Tax Invoice in respect of one DEF+SRMD+GG+II SAFE Godrej Strong Room Door Class-2, copies of two money receipts.

Going through the materials on record and considering the unchallenged affidavit-in-chief on behalf of the complainant including copies of documents this Forum is of the view that at this stage there is nothing to disbelieve the unchallenged testimony of the complainant and as such it can safely be said that complainant has proved his case.

Hence,

It is,

ORDERED

that the instant case of the complainant  succeeds ex parte against the op no. 1 M/S. Glory Furnishers Pvt. Ltd.

Op no. 1 is directed to hand over the key with BIS LOGO to the complainant to use the Godrej Strong Room Door Class-2 which has been purchased by the complainant within 30 days from the date of this order, in default op no.1 should refund Rs. 3,95,000/- with interest @ 8% from the date of purchase of the product, obviously within 30 days from the date of this order.

Op no. 1 is further directed to pay Rs. 50,000/- to the complainant towards fittings costs  of the said product to the complainant within 30 days from the date of the order.

Op no. 1 is further directed to pay Rs. 10,000/- to the complainant towards litigation cost.