Smt. Shampa Ghosh, Hon’ble Member:-
The case is filed by Kabir Ahmed Mollah, S/o Habibar Rahaman Mollah presiding at Vill.-Hatpara (U/Raypur), P.O.- Dakshin Raypur, P.S., Nodakhali, Pin -743318, South 24 Pgs against the proprietor / authorized signatory of M/S VOGUEFURNS (O.P.) office at 737 (5), DH Road, Behala, Chowrasta, P.S. – Thakurpukur, Kolkata – 700008. Registered office at Shop No. 1 Lower ground floor of Avani Mall, Shibpur, Howrah. The complainant has stated that he purchased one sliding wardrobe 16 Inch Hydraulic WDFL on 21.05.2022 at a cost of Rs. 45,500/- only from the shop of M/S VOGUEFURNS (O.P.). Initially the salesman of O.P. offered a package of five products, bt the complainant choosed one sliding wardrobe 16 Inch Hydraulic WDFL with cost of Rs. 45,500/- according to his needs. The complainant paid Rs. 25,000/- as an advance by cash on 21.05.2022 and on that day O.P. raised order / delivery form order No. WF/BH11602 (Annexure – A) approximate date of delivery was mentioned as 2 months, and the balance amount paid by cash at Rs. 20,500/- on 15.07.2022. Approval slip /Road Challan and acknowledged they received Rs. 20,500/- (Annexure – B).
After full payment of the said wardrobe O.P. promised to deliver the said wardrobe by 19.07.2022.But the O.P. failed to deliver on that day. That after several verbal communication over phone and visit, O.P. promised to deliver by 23.07.2022 to 25.07.2022. But the O.P. again failed to deliver the said wardrobe. After that the complainant sent a letter with a request to deliver the product within 7 days (Annexure – C), O.P. did not response. On 02.08.2022 the complainant filed a complaint before the AD of Consumer Affairs and Fair Business Practice for mediation but the problem was not solved there. Thereafter the complainant went to the O.P.’s showroom and found some defect in the said wardrobe, O.P. promised to rectify the problem and deliver it by 12.11.2022, the O.P. again failed to deliver. The complainant sent an email on 24.11.2022 to the O.P. stating all and request for the said product for delivery as son as possible. The O.P. replied through email with an attachment (Annexure – D) “ to whom it may concerned”, O.P. replied through that email that if the complainant fill up the attached form and send it O.P. will give delivery otherwise the complainant can visit the showroom and take delivery. The said wardrobe was an urgent requirement of the complainant. But the O.P. did not deliver the said wardrobe till today. In the above facts and circumstances the complainant did not want to continue with the O.P. Being dissatisfied upon the O.P., the complainant filed the instant complaint case on 20.01.2023 with a prayer to refund the entire booking amount of Rs. 45,500/- along with 10% interest for delay and compensation and Rs. 50,000/- for mental pain and agony.
The O.P. contested the case by filing W.V. and strongly denied all the allegations. The O.P. stated that they are always ready to deliver the said wardrobe to the complainant but the complainant always created a dispute and failed to take delivery by signing the acknowledgement. The O.P. also stated that the complainant had no cause of action to file the complaint. O.P. prayed for dismissal of the instant complaint case.
Points for consideration :-
- Is the complainant, a consumer?
- Is the O.P. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with reasons :-
Point No. 1:-
On perusal of the case record along with the copies of documents it appears that the complainant purchased one wardrobe from the O.P.”s showroom. Complainant paid the entire amount of Rs. 45,500/- by cash. O.P. acknowledged the receipt of the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the Point No. 1 is decided in favour of the complainant and against the O.P.
Point No. 2 & 3:-
The complainant purchased one sliding wardrobe 16 Inch Hydraulic WDFL on 21.05.2022 at a cost of Rs. 45,500/- only from the shop of M/S VOGUEFURNS (O.P.). Complainant paid Rs. 25,000/- as advance by cash on 21.05.2022 which costs Rs. 45,500/- from the O.P.’s showroom. And after first payment raised order/delivery form Order No WF/BH11602. Approximate date of delivery was mentioned as two months. The balance amount was paid by cash of Rs. 20,500/- on 15.07.2022. After full payment of the said wardrobe, O.P. promised to deliver the said wardrobe by 19.07.2022. But the O.P. failed to deliver the same on that day. After several verbal communications over phone and visit the O.P. again promised to deliver the said wardrobe by 23.07.2022 to 25.07.2022. But again the O.P. failed to deliver the said wardrobe. After that the complainant sent a letter with a request to deliver the product within 7 seven days (Annexure C), O.P. did not response. Seeing no other alternative complainant went to O.P. showroom and found some defects in the said wardrobe O.P. promised to rectify the problem and delivered it by 12.11.2022, but again the O.P. failed to deliver. Then the complainant sent an email on 24.11.2022 to the O.P. O.P. replied through email and asked to fill up a form then they will deliver the wardrobe or the complainant can visit the O.P.’s showroom and sign the form and take delivery. In the above facts and circumstances, the complainant did not want to continue with the O.P. and filed the instant complaint case. Perused the petition of complaint and the documents. It appears that the complainant invested his hard earned money and it was his urgent requirement but the O.P. did not deliver the said wardrobe till today. So, it is unfair trade practice and deficiency in service by the O.P. After filing the W/V and questionnaire O.P. did not appear before the commission and O.P. failed to produce on record any evidence so that the O.P can prove that the evidence produced by the complainant is false. The sole item has to be delivered within a certain period of time but the O.P. failed to deliver the said product repeatedly within a certain period. So it is clear from the above averment that the complainant failed to get services from the O.P. On the other hand complainant has suffered huge mental pain and agony. Therefore the complainant is entitled to get relief as prayed for.
As such, Point Nos. 2 & 3 are also decided in favour of the complainant and against the O.P.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is hereby allowed on contest against the O.P with cost of Rs. 10,000/-.
The O.P. is directed to refund the amount of Rs. 45,500/- of the said wardrobe with simple interest @9% p.a. w.e.f. the date of purchase of the said wardrobe within 45 days from the date of this order.
The O.P. is directed to pay Rs. 10,000/- as compensation for unfair trade practice, mental agony and harassment within 45 days from the date of this order.
That the O.P. is also directed to pay the litigation cost of Rs. 10,000/- only within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.P. within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
Member
