DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 164/2021
Date of Filing: Date of Admission: Date of Disposal:
26.08.2021 29.11.2021 29.09.2022
Complainant/s:- Opposite Party/s:- | Budhaditya Ghosh aged 38 years, S/o Partha Sarathi Ghosh, Deulpara, Talpukur South, P.O. & P.S. – Naihati, Dist – North 24 Pgs, Pin – 743165, Phone No. 9836134969 = Vs.= - Owner of M/s Podder Sharee Palace
- Sales man of M/s Podder Sharee Palace, 3 No. RBC Road, Naihati, Dist North 24 PGS, Land Mark: North side of Naihati Cinema Hall, P.O. & P.S. – Naihati, Pin – 743165, Phone No. 2502-1569
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P R E S E N T :- Smt. Monisha Shaw …………. Member.
:- Shri Abhijit Basu . . . . . . . . . . Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.
The brief fact is that the Complainant purchased a saree for his mother for Rs.2,000/- to give in the Durga puja festival from the O.P i.e M/S Podder Sharee Palace vide cash Memo No.9447, date 05/10/2020.At the time of purchasing O.P assured if there is any defect, he replaced it. The Complainant further stated that on 19/10/2020 his mother found that the saree is defective and on next day i.e 20/10/2020 Complainant went to O.P’s shop for changing the defected saree but O.P did not returned the same as Durga Puja festival.
A few days later on 01/11/2020 the Complainant again went to the O.P’s shop and O.P also noticed that the Saree was really defected so he took the Saree for changing and gave them a receipt. After one month i.e. 15/12/2020 the Complainant and his mother went to the shop of O.P for replacement of the said Saree but the O.P gave another day.
On 30/12/2020 the Complainant went to the shop of O.P to get the replacement of the Saree in question. But the O.P said to come another date as the Saree in question had not yet arrived from warehouse.
The Complainant further stated that he went to the O.P. several dates i.e. on 15/01/2021, 30/01/2021, 25/02/2021 and 08/03/2021 but the O.P. did not take any step to replace or return the Saree to the Complainant and again said to come by the month of April. On the month of April the Complainant and his mother went to the shop of the O.P. but O.P. did not get any step and there was a quarreled between the Complainant and O.P and the O.P. driven out the Complainant from the shop and remarked “JA PAREN KORUN”.
Prayer of the Complainants:-
- Give relief to refund amount of Rs. 2,000/- which is the purchased amount of dispute Saree to the Complainant or to exchange the same quality and same type of Saree to the Complainant along with compensation of Rs. 25,000/- for harassment and mental agony of the Complainant.
- The OPs are directed to pay litigation cost of Rs. 10,000/- in favour of the Complainant.
- Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
Contd. To Page No. 2 . . . ./-
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C.C. No. 164/2021
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid an amount of Rs. 2,000/- to the O.Ps for purchasing a new Saree and the Saree was defected and it was proved by the O.P. itself and so that the O.P. gave different dates for replacing the defective Saree. Here the status of the O.Ps are service provider and the Complainant being a customer of the OPs so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
The Complainant resides at Deulpara, Talpukur South, P.O. & P.S. – Naihati, Dist – North 24 Pgs, Pin – 743165, and the OP No.2 is situated at 3 No. RBC Road, Naihati, Dist North 24 PGS, Land Mark: North side of Naihati Cinema Hall, P.O. & P.S. – Naihati, Pin – 743165, and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt which was provided by the O.P to the Complainant and cash memo and also other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 2,000/- vide cash Memo No.9447, on 05/10/2020. Since the O.Ps did not refund the defective Saree to the Complainant, as such there is deficiency in service on part of the O.Ps.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Hence, for ends of justice:
It is
Ordered
That the case being no.CC-164/2021 be and the same is allowed on ex-parte against the O.Ps with cost of Rs. 1,000/-.
The O.P. No.1 is to exchange the disputed saree with another same quality saree or to refund the amount of Rs.2,000/- to the complainant on return of the disputed saree by the complainant within two months from this date, failing which the complainant may takes steps according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by
Member
Member Member
