Brief facts which are necessary to dispose of this case are re-capitulated as under :-
In a nutshell, the case of the Complaint, is that, the Complainant had purchased a ‘Show–Case’ from the Opposite Party by paying the entire consideration amount of Rs. 5,000/- only and a sum of Rs. 100/- only extra for transport cost towards the Opposite Party and the said ‘Show–Case’ was duly deliver to the Complainant on the next day.
Written & Typed by me Contd.…. 2/-
C. C. CASE NO. 138/2016
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But after the two days from purchasing the Complainant noticed some defect in the painting of the said ‘Show–Case’ and informed the Opposite Party who sent a mechanic who admitted the defect. Thereafter the Complainant further ordered to extend the length of the said ‘Show–Case’ for which the Opposite Party claimed more sum of Rs. 800/- only plus Rs. 100/- only as transport cost which the Complainant had duly paid towards the Opposite Party and the Opposite Party delivered the next ‘Show–Case’ after ten days from ordering the same.
The Complainant further noticed some defect in the next delivered ‘Show–Case’ but after informing the same the Opposite Party did not agree to admit the same. The Complainant severally requested the Opposite Party to repair the same but the Opposite Party did not paid any heed to it though the Opposite Party agreed to provide 5 years warranty to the said ‘Show–Case’ in issue, what amounts to negligence and deficiency in service on part of the Opposite Party and caused mental agony and harassment to the Complainant for which he had asked for compensation. Hence, this case is filed for seeking adequate redressal before this Forum.
Despite proper service of the notice to the Opposite Party, the concern Opposite Party neither appeared before the Forum to contest the case nor had filed any ‘Written Version’ on their behalf through any Ld. Advocate/Representative. Thus the Opposite Party has relinquished the scope to refute the case. So, the instant case has been heard ex-parte against the Opposite Party.
Written & Typed by me Contd.…. 3/-
C. C. CASE NO. 138/2016
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Points for Determination
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the Complainant is that, the Opposite Party was/is failed to provide the proper service regarding the said ‘Show–Case’ in dispute purchased by the Complainant.
We have carefully considered and scrutinized the submission made before us by the Complainant and also critically perused all the material documents on record.
On overall evaluation of the argument advanced by the Complainant, and on critical appreciation of the case record, it is clearly evident that the Complainant had purchased a ‘Show–Case’ from the Opposite Party for consideration amount of Rs. 5,000/- only.
Written & Typed by me Contd.…. 4/-
C. C. CASE NO. 138/2016
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The record reveals from the photocopy of the document (Bill/Money Receipt dated 07.09.2015) that the Complainant had paid a total sum of Rs. 5,900/- only to the Opposite Party for which the Opposite Party had duly issued such Bill/Money Receipt dated 07.09.2015 in favour of the Complainant.
It is depicted from the said Bill/Money Receipt dated 07.09.2015 that the said ‘Show–Case’ was duly delivered to the Complainant on the next day i.e. on 08.09.2015.
The allegation of the Complainant is that after delivery of the said ‘Show–Case’ in question the Complainant noticed some defect in the same and informed the matter to the Opposite Party and thereafter the Complainant further ordered to extend the length of the said ‘Show–Case’ for which the Opposite Party claimed more sum of Rs. 800/- only plus Rs. 100/- only as transport cost which the Complainant had duly paid towards the Opposite Party and the Opposite Party delivered the next ‘Show–Case’ after ten days from ordering the same.
The Complainant further noticed some defect in the next delivered ‘Show–Case’ but after informing the same the Opposite Party did not agree to admit the same. The Complainant severally requested the Opposite Party to repair the same but the Opposite Party did not paid any heed to it though the Opposite Party agreed to provide 5 years warranty to the said ‘Show–Case’ in issue.
Written & Typed by me Contd.…. 5/-
C. C. CASE NO. 138/2016
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Thus the fact remains that the said ‘Show–Case’ purchased by the Complainant from the Opposite Party was actually a defective one and for which the Opposite Party is strictly liable to replace the same with same model or in default to replace the same is further liable to refund the entire cost price of Rs. 5,900/- only to the Complainant.
Moreover, all the allegations made by the Complainant are unchallenged, though the Opposite Parties got enough chance to contest the case and to refute it by appearing before the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the bonafide Consumer/Complainant.
So, the unanimous decision of the Forum is that the Opposite Party is liable to replace the said ‘Show–Case’ in question with a new one of same model and same price and same facilities in favour of the Complainant and in default to replace the same in alternative the Opposite Party is further liable to refund the entire cost price of Rs. 5,900/- only to the Complainant.
Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for determination are decided in affirmative.
In short, the Complainant deserves success.
In the result, we proceed to pass
