In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.174/2011

1)         Bijay Kr. Bhaduri,

S/o. Late Purna Ch. Bhaduri,

6/1, Lindsay Street, (2nd floor), Kolkata-87                                     ---------- Complainant

---Versus---

1)         M/s Harmony House (P) Ltd, Represented by its Manager / Proprietor,   

            12E, Park Street, Queens Mansion,

            P.S. Park Street,  Kolkata-71.

2)         Sri Lokenath Das, /o. M/s Harmony House (P) Ltd,

            12E, Park Street, Queens Mansion,

            P.S. Park Street,  Kolkata-71.                                                          ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   18    Dated   28/09/2012.

            The petition of complaint has been filed by the complainant Bijay Kr. Bhaduri against the o.ps. M/s Harmony House (P) Ltd. The case of the complainant in short is that o.p. advertised in the Ananda Bazar Patrika on 11.12.10 for one Jumbo Offer against purchase some of items. The advertisement goes “Best Package Offer” one 10 litres Geyster if purchased them there is free offer of one Jaipan O.T.G. iron and one Mixer Grinder for total Rs.5290. The advertisement published again on 19.12.10 in the A.B.P. and at the lower portion of the offer goes “BEST PACKAGE OFFER” 10 ltrs. Geyser, Mixer Grinder, Oven Toaster Griller / Iron. Complainant called on the o.p. at their Park Street venue and paid an advance of Rs.500/- vide their order form no.8604 dt.11.12.10. The advertisement offered ‘INSTANT DFELIVERY’  but on placement of the order o.p. stated that the delivery would be made within a day or two and asked him to back the order with some advance that let him to pay the advanced Rs.500/- as stated earlier.  The plea of o.ps. was that the Geyser was not readily available then and all the items would be delivered latest by Tuesdays evening to 14.12.10. However, the items were not supplied. Hence the case.

              O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them. Ld. lawyer of o.ps. in the course of argument submitted that the instant case has got no merit and is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.ps. supplied materials to one Bijay Kr. Bhaduri on 11.12.10 as per promise publish ed in Ananda Bazar Patrika.

            In view of the above position and on careful scrutiny of the record we find that o.ps. had deficiencies as service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.ps. O.ps. are jointly and/or severally directed to refund Rs.500/- (Rupees five hundred) only together with interest @ 9% p.a. from the date of payment till the date of realization and are further directed to pay to the complainant compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.