Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.10.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to replace goods and a fresh goods may be given to the purchaser on the same cost.
- To direct the opposite parties to pay Rs. 5,00/- ( Rs. Five Hundred only ) as compensation as well as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a Banyan from opposite party shop on 26.06.2015 after paying cost of Rs. 567/-. The aforesaid Banyan could not fit properly in the body of complainant’s family. Thereafter she went to opposite party and requested the opposite party to replace the same but he not only refused but misbehaved with complainant. At the time of argument, the counsel has stated that at the time of purchase of aforesaid Banyan vide annexure – 1, the complainant was assured that if the Banyan will not fit in the body then it can be replaced but when the complainant came to return the aforesaid Banyan for replacing it she had to face refusal and misbehavior on the part of opposite party. The complainant has annexed the receipt dated 26.06.2015 as annexure – 1.
From record it transpires that registered notice sent to opposite party was returned with remark, “ refused” and as such valid tamila was declared on 14.01.2016. Thereafter adjournments were allowed to the opposite party for filing written statement but he neither appeared nor filed written statement and as such the case was heard ex – parte against opposite party.
It goes without saying that as there is no counter version of the fact asserted by the complainant on oath, hence we have no option but to accept the fact in toto which clearly disclose deficiency on the part of opposite party.
In view of the fact asserted above we direct the opposite party to replace the aforesaid Banyan or to refund the price of the aforesaid Banyan i.e. Rs. 567/- ( Rs. Five Hundred Sixty Seven only ) which has been received by opposite party vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party will pay 10% interest on the aforesaid amount of Rs. 567/- ( Rs. Five Hundred Sixty Seven only ) till its final payment.
Opposite party is further directed to pay Rs. 500/- ( Rs. Five Hundred only ) to the complainant by way of compensation and litigation costs within the above mentioned period.
Accordingly this complaint stands allowed to the extent referred above.
Member President
