Sri Partha Kumar Basu, Member.
This complaint case is in respect of a dispute regarding purchase of some household furniture. The prayer of the complainant is for a direction upon the OP to refund the cost of the furniture alongwith interest and compensation for suffering from mental pain and agony and litigation cost.
The case of the complainant in gist as averred is that she paid Rs. 40,000/- for 1 no 6ft X 7 ft Bed, Rs. 40000/- for 1 no. 4 door Wardrobe and Rs. 30,000/- for 1 no. Sofa set i.e. a total consideration money of Rs.1,10,000/- as per tax invoice.
Further an amount of Rs. 6,000/- was paid by the complainant for purchase of 1 no Dressing table.
All the payments on various dates for a total amount of Rs. 1,16,000/- was made to the OP cum seller but no goods was supplied by the seller inspite of repeated efforts of the complainant. The OP also started harassing the complainant by deferring the delivery date of the sold products and ultimately never supplied the goods.
Hence the case. The complainant filed this complaint case for deficiency in services and unfair trade practices on the part of OP.
The service return was duly completed for the OP who appeared himself and filed hazira as per petition dated 11.07.2023 alongwith identity proof, by filing a self attested copy of the Aadhar card. The OP did not file written version. Hence the case was proceeded ex- parte as per order dated 14 August 2023 of this Commission.
The final argument was heard on merit on 04.12.2023 read with all records and documents and exhibits when the argument was
advanced by the Ld. Advocate of the complainant. The OP did not turn up in final hearing or taken any step.
The main points for determination of this case are that:-
- Whether the complaint is coming under the scope of CP Act or not?
- Whether the complaint of deficiency in services and unfair trade practices on the part of OP is established or not
- Whether the complainant is entitled to the relief as prayed for or not.
The decisions with reasons on all the points are taken up together for the sake of brevity and avoidance of repetition of facts.
It is found that the OP has issued an invoice no 277 dated 06.09.2022 for Rs. 1,10,000/- including GST for aforesaid 3 no of goods. From the bank statements exhibited by the complainant it is apparent that Rs. 40,000/- on 06.09.2022, Rs. 15,000/- on 20.10.2022, Rs.
56,000/- on 25.10.2022 and Rs. 5,000/- on 14.08.2022 was paid by the complainant to the OP company for purchase of goods. Hence the Complainant is a Consumer under the scope and meaning of the Consumer Protection Act 2019 falling under the pecuniary and geographical jurisdiction of this forum as per complainant’s address.
From the complaint petition it appears that the complainant paid in full for purchasing the furniture items. Inspite of repeated efforts of complainant and visit at the shop of OP, the OP failed to deliver the products even after a lapse of 8 months till filing this case.
The exhibits substantiate that the complainant made payments for to OP company as claimed. The invoice also depicts the same. The other documents i.e. bank statement also carries impeccable evidentiary value as proof of payment in support of the complainant. Being the case run ex-parte, there is no defence available to the above said contentions of complainant. Hence, the complaint of deficiency in services and unfair trade practices on the part of OP gets established.
Complainant faced financial loss after making full payment for buying the goods. But the OP did not supply the goods or refund the payment made by the complainant. Being a seller of the products and a service provider, the OP failed to extend proper services. Hence the complainant is entitled to get relief as prayed for deficiency in services and unfair trade practices.
Hence, it is
ORDERED
That the instant complaint case be and the same is allowed ex-parte against the OP with cost of Rs. 5,000/-.
The OP is directed to refund Rs 1,16,000/- only alongwith simple interest @ 8% w.e.f. respective dates of payments by the complainant till the complete realisation of the advanced amount within 60 days from the date of this order.
The OP is liable and is directed to pay the litigation cost of Rs. 5,000/- (Rupees five thousand) to the complainant within 60 days from the date of passing this order.
All the above said payments in terms of this order will be made by the OPs to the complainants within 60 (Sixty days) from this day I/D a simple interest @ 12% per annum will get accrued till the date of final realisation.
If the Opposite Party fails to comply with the above said direction within the period mentioned above, then the complainant is at liberty to put the entire order into execution in due course of law.
Ld. Member Smt. Shampa Ghosh joined today on 12.12.2023 and did not take part in the hearing of argument of this case and as such, she did not sign the Judgement.
Let a plain copy of this Order be provided to both the parties free of cost as per CPR.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me
Member
