DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC – 114  of   2017

 

 

      Sri Dulal Biswas,

S/O- Radhu Biswas,

Damdamia, P.O. Lembucherra,

P.S. Lefunga, West Tripura-799 210.

 

Proprietor of

Sanjabani Ice-Cream Factory 

Amgachia Bazar, Gopal Nagar,

P.O. Kalkalia Tea Estate, 

P.S. Sidhai, West Tripura. ........…...Complainant.

 

        -VERSUS-

 

Proprietor of Raja Das Gupta, 

Pharma Tech International,

30, Chaulpatty Road,

Kolkata- 700 010,

West Bengal. ........... Opposite Party.

 

 

__________PRESENT__________

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Rajib Chowdhury,

  Smt. Dipa Bhattacharya,

  Sri Bimal Das,

  Advocates.

 

For the O.P. : Sri Abhijit Ghoshal,

  Advocate.

 

 

 

JUDGMENT  DELIVERED  ON:  16.03.2018.

 

 

J U D G M E N T

This case arises on the petition filed by one Dulal Biswas U/S 12 of the Consumer Protection Act. Petitioner's case in short is that in the month of February, 2017 petitioner purchased one Sugar Boiling Vessel, Pasteurizer, Storage tank, Paste machine. After negotiation the final payment of Rs.2,85,000/- the machine was supplied by O.P. After receiving the items petitioner found that the Sugar Melting Tank and Pasteurizer were not supplied as per catalogue. Out of 5 items 3 items only supplied. On 20.07.17 O.P. sent 2 machines for installation. But those were found defective. Petitioner then informed this but those were not changed. 2 defective machines were purchased on payment of Rs.6,50,000/-. As those were not changed petitioner suffered huge loss. Machines were not working. Petitioner paid Rs.9,73,625/-. Inspite of that machines were not installed properly. As such petitioner suffered huge loss and claimed Rs.12 lacs.

 

2. O.P. appeared filed written objection denying the claim. It is stated that petitioner is a businessman and the machines were purchased for commercial purpose. So this case is not maintainable.

 

3. On the basis of all these assertion and denial made by the parties following points cropped up for determination:

(I) Whether the petition is maintainable?

(II) Whether the petitioner is entitled to get the compensation for the deficiency of service of the O.P.?

 

4. Petitioner produced the Trade License, Final Settlement documents, final payment, copy of draft,  copy of NEFT, cash payment slip,  price list, instruction documents marked as Exhibit- 1 Series.. 

Petitioner also produced statement on affidavit of one witness. 

 

5. O.P. did not appear after filing of written statement. So on the basis of evidence given by the petitioner we have to decide the case. 

 

Findings and decision:

 

6. Petitioner, Dulal Biswas in his statement on affidavit stated that he is the Proprietor of M/S. Sanjabani Ice-Cream Factory. He wanted to purchase the Sugar Boiling Machine, Pasteurizer machine, Storage Tank. He purchased the machines after taking loan. O.P. in the written statement contended that it was commercial transaction and the machines were purchased for commercial purpose. But O.P. given no evidence in support of the contention. It is true that commercial cases can not be heard in the Consumer Court. But when any purchase is made for self employment then it will not be treated as commercial purpose. Petitioner did not say that the machines were purchased for commercial purpose or for sale. He is the proprietor and for self employment the machines were purchased.

 

7. Petitioner produced Trade License, payment documents. From his evidence and documents it is found that the machines were not purchased for sale to others. It was not a commercial transaction. So, the case is maintainable in its present form.

 

8. We have gone through the price list, vouchers, challan, tax invoice and found that 5 machines were purchased on payment of Rs.9,46,950/-. 2 machinery – pasteurizer price  Rs.3,65,000/-, Sugar tank price Rs.2,85,000/- found defective. Correspondence made for replacement but it was not done. As such petitioner suffered.

 

9. O.P. did not assign any reason for not replacing the defective machines. This is deficiency of service & unfair trade practice by the O.P. who supplied the defective machines. The defective machines are  required to be changed. 

 

10. From the evidence on record it is found that due to deficiency of service and unfair trade practice of the O.P. petitioner, Dulal Biswas suffered huge loss. We direct the O.P. to replace the 2 defective items billed Rs.2,85,000/- + Rs.3,65,0000/-. These 2 machines are to be replaced. If not petitioner is entitled to get back the amount paid on return of the items supplied. It is found that out of 5 items 3 were O.K. But 2 items found defective. Those defective items are required to be replaced immediately or its price is to be paid back. For such deficiency of service petitioner is entitled to get compensation Rs.50,000/-.  

 

11. We direct the O.P. to pay the compensation Rs.50,000/- and replace the 2 defective machines or pay its price Rs.6,50,000/-. The direction is to complied within 2 (two) months if not, enforcement method will be applied and interest also is to paid on compensation amount and price of the machines. Case is disposed  accordingly. 

  

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA