IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC/71/2020.

 Date of Filing:                       Date of Admission:                   Date of Disposal:

30.07.20                                           30.09.20                                  03.09.24

Complainant: Sukumar Das

11, Mohan Chowdhury Lane, Lower Kadai,

PO&PS-Berhampore, Pin-742101

-Vs-

Opposite Party:  Proprietor, B.P.Appliances

Berhampore(H.O), 128, Pilkhana Road,

Ranibagan, PO&PS-Berhampore, Pin-742101

Agent/Advocate for the Complainant                        : Subhanjan Sengupta

Agent/Advocate for the Opposite Party No.1            : Saugata Biswas

Present:    Sri Ajay Kumar Das………………………….......President.     

         Sri. Nityananda Roy……………………………….Member.

FINAL ORDER

Sri.ajay kumar das, presiding member.

This is a complaint under section 12 of the CP Act, 1986.

            One Sukumar Das (here in after referred to as the Complainant) filed the case against Proprietor, B.P. Appliances (here in after referred to as the OP) praying for compensation alleging deficiency in service.

    The material facts giving rise to file the complaint are that:-

                 The Complainant had booked a purica (A.O) premium after due payment and it was scheduled to be delivered on 12.02.20. On that date when the men of the OP had come to install the Purica (A.O) premium, it was found that the machine was only Purica and not the scheduled one. When this Complainant visited the OPs office over telephone he was told that there written the word ‘Premium’ over the machine. But the Complainant could not find the same. Accordingly he denied to install and asked the staffs to take back that machine and to bring the proper one. After that someone from the office of the OP had called this Complainant and asked to come to their office and the entire payment done by the Complainant would be returned. Accordingly the Complainant went to the office of the OP with his friend on 13.02.20. But to his utter dismay the OP had threatened this Complainant and used abusive languages and told that no machine would be installed and nothing would be returned to the Complainant and thus the OP had thrown challenge to the Complainant.

                 The Complainant had faced lots of trouble which was due to negligent attitude of the OP.

                 The Complainant had approached the OP for proper redress but the OP without any valid reason had denied.

                 The Complainant finding no other alternatives filed this instant case praying for directing the OP to pay Rs. 16,990/- plus interest Rs. 1,00,000/- = Rs. 1,16,990/- towards compensation for mental agony and harassment to the Complainant.                               OP  filed written version contending inter alia that the case is not maintainable and the complainant has no cause of action to file the case.

                 OP submits that there was an agreement between the Complainant and the OP and the Complainant wanted to purchase a Purica (AO) Premium on 10.02.20 and the Complainant after watching the machine, satisfied and thereafter he booked ‘’Purica (AO) Premium with a price of Rs. 16,990/- and on that date the Complainant paid only a sum of Rs. 4,990/- as an advance out of the said price. And the Complainant stated to the OP that the rest amount of Rs. 12,000/- would be paid after installation of the said machine in the house of the Complainant. On 12.02.20 according to the previous talk the Men of the OP went to the house of the Complainant for installing the water purify namely ‘’Purica (AO) Premium’’ and on that date the Complainant abused filthy language to the men of OP. And the Complainant asked to stop the work to the men of the OP. Naturally the men of the OP returned to the office of the OP with the said Water Purified machine namely ‘’Purica (AO) Premium’’. When the men of OP returned to the office of the OP, the complaint along with his friend who was not present at the time of booking the said purify machine, came to the office of OP and requested the OP to reduce the price atleast Rs. 500/- from the said total amount. But the OP in a very gentle way requested and submitted that it was not possible for him to reduce the price as claimed by the Complainant and his friend.

On the basis of the complaint and the written versions the following points are framed for proper  adjudication of the case :

Points for decision

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point nos.1,2&3

             All the points are taken up together for the sake of convenience and brevity of discuss. The Complainant had stated on affidavit that the Complainant had booked a purica (A.O) premium after due payment and it was scheduled to be delivered on 12.02.20. On that date when the men of the OP had come to install the Purica (A.O) premium, it was found that the machine was only Purica and not the scheduled one. When this Complainant visited the OPs office over telephone he was told that there written the word ‘Premium’ over the machine. But the Complainant could not find the same. Accordingly he denied to install and asked the staffs to take back that machine and to bring the proper one. After that someone from the office of the OP had called this Complainant and asked to come to their office and the entire payment done by the Complainant would be returned. Accordingly the Complainant went to the office of the OP with his friend on 13.02.20. But to his utter dismay the OP had threatened this Complainant and used abusive languages and told that no machine would be installed and nothing would be returned to the Complainant and thus the OP had thrown challenge to the Complainant.

                 The Complainant had faced lots of trouble which was due to negligent attitude of the OP.

                 The Complainant had approached the OP for proper redress but the OP without any valid reason had denied.

                 The point to be noted is that the OP filed written version without affidavit and on giving several opportunities the OP has not filed evidence. However, OP has admitted in his written version that the Complainant paid only a sum of Rs. 4,990/- as an advance out of the said price i.e. Rs. 16,990/-. It is also admitted position that a purica (AO) premium has not been installed in the house of the Complainant.

                 It is alleged by the Complainant that the OP wanted to install a purica (AO) instead of purica (AO) premium. But the OP has stated in his written version that their men went to the house of the Complainant to install a purica (AO) premium.

                 The point to be noted is that the allegation of the Complainant is on affidavit whereas defence version of OP is not affidavit. Such being the position the allegation of the Complainant is required to be accepted as true.

                 Considering the facts and circumstances of the case and the documents filed by the Complainant, we are of the view that the Complainant is entitled to get back Rs. 4,990/- which was paid by the Complainant as advance payment for the purchase of purica (AO) premium along with compensation amounting to Rs. 1010/-.

Reasons for delay

The Case was filed on 30.07.20 and admitted on 30.09.20. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed.

     Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/71/2020 be and the same is  allowed on contest against the OP.

            Complainant is entitled to get back Rs. 4,990/- which was paid by the Complainant as advance payment for the purchase of purica (AO) premium along with compensation amounting to Rs. 1,010/- for mental pain and agony from the OP.

                 The OP is directed to pay Rs. 4,990/- (advance payment) and compensation of Rs. 1,010/- for mental pain and agony totaling Rs. 6,000/- to the Complainant within 60 days from the date of this order i.d. the whole amount of Rs. 6,000/- (six thousand only) will carry interest @ Rs. 8% from the date of this order. 

                 Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

Member                                                                     President.