West Bengal

North 24 Parganas

CC/185/2018

Sangramjit Das - Complainant(s)

Versus

M/S Lenskart - Opp.Party(s)

Abhishek Bagal

05 Apr 2019

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/185/2018
( Date of Filing : 23 Apr 2018 )
 
1. Sangramjit Das
S/O Sukumar Das, Udayrajpur, P.O.& P.S.-Madhyamgram,
North 24 Parganas
West Bengal
...........Complainant(s)
Versus
1. M/S Lenskart
584/4, Sodepur, Barasat Road, (Near Elite Shoe Co.)P.O.& P.S.-Madhyamgram, Kol.-129
North 24 Parganas
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bankim Chandra Chattopadhyay PRESIDENT
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 HON'BLE MS. Shilpi Majumdar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 05 Apr 2019
Final Order / Judgement

 DIST. CONSUMER  DISPUTES  REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

 CC- 185/2018

 

Date of Filing:                     Date of Admission:-                        Date of Disposal:

23.04.2018                                04.05.2018                               05.04.2019       

 

Complainant :-              1.       SMT. SANGRAMJIT DAS

                                                S/o Sukumkar Das of

                                                Madhyamgram, Udayrajpur

                                                P.O. & P.S.- Madhaymgram

                                                Dist.- North 24 Parganas.

=Vs=

Opposite Parties :-        1.       M/S LENSKART

Having its Office at

584/4, Sodepur, Barasat Road

Nearest Land Mark Elite Shoe Company

Station Road, Madhyamgram

P.O. & P.S.- Madhyamgram

Dist.- North 24 Parganas

Kolkata-700129 (West Bengal)

 

                                     

P R E S E N T  :-        Sri. Bankim Chandra Chattopadhyay………..…..President.

 

  :-       Smt. Monisha Shaw …………………………………….Member.

 

Judgment

 

This complaint is filed by the Complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the O.P.s as the O.P.s did not take any step to redress his grievance till filing of this complaint.

The brief facts of the complaint the Complainant stated that the Complainant went to the office of the opposite party on 27.03.2018 for test of the eyes of his wife and the O.P. issued a prescription in the name of the wife of the complainant after clinically tested the eyes of the wife of the complainant on the same date.

The Complainant stated that the O.P. suggested the complainant for order of the said power of glass for his wife and they further approached the complainant took another power of glass for his son namely Sayan Das and according to the approach of the O.P. the present complainant placed and order of the said power of glass for his wife and son on 27.03.2018.

The Complainant further stated that the O.P. confirm the said order on 27.03.2018 by receiving the cash amounting to Rs.4980/- (Rupees Four thousand nine hundred eighty) only from the present complainant and also issued a tax in voice of the said Order on 27.03.2018 vide Order No.129079513 wherein the O.P.

 

Contd…..P/2

 

: 2 :

CC 185/2018

assured the estimated delivery date on 07.04.2018 and accordingly a massage received by the son of the complainant for confirming the Oder vide Order No.1209079513. (The said Tax invoice attached herewith).

The Complainant further stated that on 07.04.2018 the Complainant enquire about regarding the delivery of his above said glasses at about 10:23 a.m. over telephone but the O.P. did not give any satisfactory answer regarding the delivery of his above said glasses and thereafter the present Complainant further enquire about regarding the delivery of glasses about 1:46 pm over telephone but O.P. did not give any answer.

The Complainant went to the office of the O.P. on 07.04.2018 at about 6.00 p.m. and asked the O.P. in respective of his order and the O.P. assured the Complainant that they must delivered the same on next date i.e. 08.04.2018 and subsequently the Complainant received the message in his g-mail a/c from the O.P.’s office at about 6:06 p.m. on  07.04.2018 wherein they written as “we are only able to update the powers in cylindrical till -2.00 kindly update accordingly”.

After receiving the same mail on the next date i.e 08.04.2018 the Complainant further went to the office of the O.P. and requesting the O.P. to deliver the order booked by the Complainant but the O.P. further assured the Complainant they must delivered the said two numbers of glass to the Complainant within 11.04.2018 and the Complainant no other alternatives to return back form the office of the O.P.

The Complainant also stated that the O.P. on 11.04.2018 sent a mail in the a/c of the Complainant wherein they written as the order of the Complainant is not ready on this power and the request the Complainant to change the product or refund the amount paid by the Complainant.

The Prayer of the Complainant :

The O.P. directed to delivered the said two numbers of power glass.

A Compensation amount of Rs.30,000/- be awarded to the Complainant for the huge suffering and Rs.10,000/- for mental agony and after harassment created by the O.P.

A sum of Rs.20,000/- towards litigation cost.

From the first date of admission and after receiving the notice the O.P. did not take any steps. From 25.09.2018 order no.2 the Complaint is running exparte against the O.P.

Following issues were framed for the purpose of  decision :-

Whether the complaint is maintainable or not.

Whether the complainant is entitled to get relief in this case.

 

Contd…..P/3

 

: 3 :

CC 185/2018

Decision with reason

We have perused the complaint, materials, all documents, other papers, money receipt, photocopies of the g-mail etc. From the previous record we can see that the order no.2&3 of complaint, the case is running exparte. We also perused the money receipt of Rs.4980/- received by the O.P. on 27.03.2018 and vide order No.1209079513. From the record we also perused that the O.P. assured the estimated delivery date to be 07.04.2018 and confirmed the order. When the Complainant enquired on 07.04.2018 regarding the delivery of the glass over telephone, the O.P. did not give any satisfactory answer regarding the delivery of the above said glasses.

The Complainant received a message in his g-mail a/c from the O.P.’s office at about 6.00 p.m. on 07.04.2018 wherein they had written that they were only able to update the powers in cylindrical till -2.00 and requested to the Complainant to update accordingly. After receiving the said mail on 08.04.2018 the Complainant further went to the office of the O.P. and requesting the O.P. to deliver the order booked by the Complainant but the O.P. further assured the Complainant, they should deliver the said two numbers of glasses to the Complainant within  11.04.2018 and the Complainant had no other alternatives but to come back from the office of the O.P.

The above facts also proved that the O.P. violated the contract and negligence in all respect and for that reason the O.P. is liable to give his services. The complainant has no negligence and though the Complainant performed his part   and it is also proved that the O.P. did not comply to his part. So it is proved that breach of contract was done by the O.P and for which the Complainant is entitle to get refund of the entire paid amount from the O.P. when negligence and deficient manner of service  on the part of the O.P. is proved. So the case is maintainable.

Hence, after considering the entire materials and documents on the record we are of the view that the Complainant is entitled to get relief in this case.

Hence

 It is

      Ordered

The complaint and same be allowed exparte against the O.P. The O.P. is directed to discharge its contractual obligations towards the Complainant by delivering the said two numbers of power glasses.

The O.P. is further directed to pay compensation of Rs.5,000/- to the Complainant within two months from the date of this order. The O.P. is further directed to pay of Rs.2,000/- as litigation cost to the Complainant.

Contd…..P/4

 

: 4 :

CC 185/2018

 

If the O.P. fail to comply with the order within two months from this date of this order, the O.P. shall have to refund Rs.4,980/- along with 7% Bank interest since 27.03.2018 till its realisation and also liable to pay the above mentioned amount.

In default the Complainant will be at liberty to put the order in execution as per provision of law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

 

                                       Member                                    President                                                  Dictated & Corrected by

 
 
[HON'BLE MR. Bankim Chandra Chattopadhyay]
PRESIDENT
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 
[HON'BLE MS. Shilpi Majumdar]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.