The record is placed before us for passing final order.
The hearing arises out of an application filed by Sri Chandreswar Bhunia (complainant) against Pradip Das,Proprietor Vaste Furniture (Opposite Party).
Complainant’s case in a nut-shell is that the complainant ordered for some teakwood furniture, viz. 2 box cotsand two sets of dining tables with 12 chairs to the O.P. on 01/04/13 and the total price of the said furniture was Rs. 1,10,000/- including delivery at Durgachak, East Medinipur. The complainant gave in total Rs. 82,000/- to the O.P. as advance but the O.P.didn’t deliver the total aforesaid furnitures to the complainant despite complainant’s repeated request and ever after interference in the matter by the District Consumer Affairs Department, Jalpaiguri. Hence the case.
The O.P. has entered appearance and filed written objection on 31.12.2013 admitting that he had received Rs.82,000/- from the complainant and expressing his intention to return back the entire sum to the complainant in three installments.
POINTS FOR CONSIDERATION.
- Is the complainant a consumer as per provision of Consumer Protection Act.1986?
- Is/Was there any deficiency of service on the part of the O.P. as alleged?
- Is the complainant entitled to get the reliefs as prayed for? If so to what extent?
DECISION WITH REASONS
All three points are taken up together for consideration and decision for the sake of convenience.
Seen and perused the petition of complaint, W.O. and other materials on record. Now after going through the materials on record and after due consideration of arguments advanced by the Ld.Lawyers of both sides we find that admittedly the complainant ordered for some Teak wood made furnitures to O.P. on 01.04.2013. Admittedly, the complainant has paid Rs.82,000/- in total to the O.P. on various dates till 11.04.2013. The O.P. has clearly admitted the said fact in his written objection. Admittedly the O.P. has not yet delivered the furnitures to the complainant as ordered by the complainant vide Annexture I.
The O.P. stated in his W.O. that he is ready to return back the entire sum received by him from the complainant and he has prayed for installment to pay back the advanced money given to him by the complainant. In this view of the matter we have no hesitation to hold that the complainant is a consumer of the O.P. and that the O.P. is guilty for deficiency in service as per provision of C.P.Act, 1986 and that the complainant is entitled to get the reliefs as specified below.
All four points are disposed off. In the result the case/application succeeds.
Hence, it is
ORDERED
that the case is allowed in part on admission with litigation cost of Rs.2000/- (Two Thousand) only. The complainant do get an award of Rs.82,000/-(Eighty-two thousand)only with interest @ 9% p.a. from the date of last payment i.e. 11/04/2013 till realization. The complainant do get further award of Rs.10,000/- towards compensation for deficiency in service, harassment etc. The O.P.is hereby directed to pay to the complainant aforesaid awarded amount including litigation cost by three equal months installments, first of such installments shall have to pay by 05.06.14, second installment by 05/07/14 and the last and the final installment shall have to pay by the O.P. to the complainant positively by 05/08/14 failing which the complainant shall be at liberty to realize the same through execution in accordance with law.
Let copy of this final order be supplied to the parties free of cost forthwith in terms of Sec.5(10) of West Bengal Consumer Protection Rules 1987.
