Date of Filing: 13-10-2015                                                      Date of Final Order: 05-05-2017

Sri Gurupada Mondal, President.

        This is an application under Section 12 of CP Act, 1986 filed by one Pralay Biswas against Devabrata Adhikary, Proprietor of Projector Mall praying for direction to the OP to pay a sum of Rs.35,000/-, Rs.30,000/- for deficiency of service and Rs.10,000/- for litigation cost. 

         The case of the Complainant in short is that he is an unemployed youth applied for sanctioning a loan before the D.I.C, Cooch Behar in order to start a Computer Project for his livelihood.  The D.I.C approved the proposal of the petitioner for sanctioning a loan of Rs.1,25,000/- and authorized the Punjab National Bank for issuance of loan amount in favour of the Complainant.  The Punjab National Bank asked the petitioner to submit quotation/estimate in respect of the price of the computer and printer.  The petitioner approached before the OP for issuance of an estimate in respect of 5 nos. of Computer and one Colour Printer.  On the advice of the Bank, the OP issued an estimate on 12.03.15 and at that time, the Complainant raised verbal objection regarding the price of the Printer.  The OP issued an estimate/quotation of Rs.1,00,000/- for 5 Nos. of Computer @Rs.20,000/- each and Rs.25,000/- for a colour Printer.  Accordingly, the petitioner submitted the estimate before the Bank and subsequently, the Bank issued Pay Order No.52/15 dated 13.03.15 for Rs.1,25,000/- for purchase of Computers and Printer.

          Further case of the Complainant is that the OP supplied 5 Nos. of Computers and one Printer to the Complainant and submitted a Bill of Rs.1,25,000/-.  It is the case of the Complainant that the Computers and the Printer had some defects.  Moreover, the price of the Printer was taken excessively high.  The Complainant asked the OP to replace the defective Computers and Printer and there was an altercation in between them to that effect.  Finally, the OP took back 4 nos. of Computer and refunded Rs.60,000/- instead of Rs.80,000/-.  The rate of the Printer was excessively high.  The price of the Printer is of Rs.10,000/- and the Complainant is entitled to get back of Rs,15,000/- from the OP.  The act of the OP is mala-fide which amounts to un-fair trade practice.

          Further case of the Complainant is that the OP has taken an excess amount of Rs.15, 000/- towards the cost of the Printer which was not functioning and defective and the Complainant is entitled to get Rs.20,000/- in respect of the Computer which he returned.  The Complainant is entitled to get Rs.35,000/- for gross negligence and deficiency of service.  The Complainant requested the OP to pay Rs.35,000/- but all his efforts went in vain and the matter was referred to the Consumer Affairs Department for realization of the outstanding dues of Rs.35,000/- but the matter was not settled.  Accordingly, the Complainant has filed the instant application for Redressal.

        Summons upon the OP was duly served and the OP turned up before this Forum to contest the case but finally, the OP did not contest the case and the case was heard ex-parte.

POINTS  FOR  CONSIDERATION

           Is the Complainant entitled to get an order as prayed for?

DECISION WITH REASONS

          It reveals from the case record that the Complainant purchased 5 Nos. of Computer and one Printer machine through the OP.  The D.I.C., Cooch Behar sanctioned a loan of Rs.1,25,000/- in favour of the Complainant and authorized Punjab National Bank, Cooch Behar for issuance of loan amount in favour of the Complainant. The Punjab National Bank asked the petitioner to submit quotation in respect of the price of the Computer and Printer and to that effect, the OP submitted quotation and finally supplied 5 Nos. of Computer and one Printer to the Complainant.  Therefore, the relation in between the Complainant and the OP is the seller and buyer.  Accordingly, the Complainant is a consumer as per Provision u/s 2(1)(d) of CP Act, 1986.

          The Complainant and the OP are the residents of Cooch Behar.  The cause of action arose at Cooch Behar.  Accordingly, this Forum has territorial jurisdiction to try this case.

          The District Forum shall have jurisdiction to entertain the complaint where the value of the case and the compensation claimed do not exceed Rs.20 lakhs.  In this case, the claim of the Complainant is much less than 20 lakh.  Accordingly, this Forum has pecuniary jurisdiction to try this case.

          It reveals from the case record as well as evidence on record that the OP submitted an estimate as regards the purchase of 5 nos. of Computer @Rs.20,000/- each and a Colour Printer @Rs.25,000/- i.e. total estimated amount is Rs.1,25,000/- as on 12.03.15.  The OP submitted his Bank details in the estimate.  The Complainant submitted the estimate before the Punjab National Bank and the Punjab National Bank was pleased to issue Pay Order in favour of the OP.  The Punjab National Bank issued a certificate that they issued a DD/Pay Order in favour of the OP on the basis of the estimate supplied by the Complainant.

          The evidence of the Complainant has not been challenged by the OP.  Therefore, we hold that the OP had nothing to say against the allegation brought by the Complainant.  From the evidence of PW-1, it reveals to us that the OP received 4 nos. of Computer out of 5 nos. of computer and refunded Rs.60,000/- to the Complainant due to defective computers. The price of the 4 nos. of Computer is Rs.80,000/-.  Therefore, the OP did not pay Rs.20,000/- to the Complainant and the price of the Printer is Rs.10,000/- but the OP had taken Rs.25,000/- from the Complainant.  As such, the Complainant is entitled to get back of Rs.15,000/- for the price of Colour Printer.  Therefore, we hold that the Complainant is entitled to get a decree as prayed for.

Accordingly,

                Ordered,

                             That the case be and the same is allowed ex-parte against the OP with cost of Rs.5,000/-.

         The OP is hereby directed to pay Rs.35,000/- to the Complainant towards balance of Computer and Printer and Rs.10,000/- towards deficiency of service and unfair trade practice within 30 days from the date of passing the order, and in case of making default, the OP shall pay Rs.100/- for each day’s delay and the amount so accumulated be deposited in the  Consumer Legal Aid Account.

         Let a copy of the final order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action as per Rules.

Dictated and corrected by me.