Soma Biswas,

w/o. Somnath Biswas,

d/o,  late Jiten Naskar,

of village – Dabirpara ( 1 No.), P.O. Chamrail,

P.S. Liluah, District – Howrah,

PIN – 711114.-------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         RMP Infotec Private Limited,

            F1, First Floor, Apollo Dubai Plaza

            ( near Kadambakkam Bridge ),

            100, Mahalingapuram Main Road,

            Chennai – 600 034.

2.         Samir Mondal,

s/o. Bistu Mondal,

of Village – Dabirpara ( 2 No. ), P.O.  Chamrail,

P.S. Liluah, District – Howrah,

PIN – 711 114. -----------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainant Soma Biswas, filing a petition  U/S 12 of the C .P. Act, 1986 ( as

amended up to date ) has prayed for a direction to be given upon the o.ps. to refund the purchase price being Rs. 6,990/- along with interest, to replace the goods in question and to pay an amount of Rs. 75,000/- as compensation for causing mental agony and physical harassment  along with Rs. 15,000/- as litigation costs.

2.                  Brief facts of the case is that  on being persuaded by O.P. no. 2 complainant

purchased   two things on 30-05-2011 from the O.P. no. 1 on payment of Rs. 6,990/-,  one being an energy saver, nano card and other being a piece of trouser vide annexures. But she found that the purchased articles remained ineffective  at the very first instance. She started requesting O.P. no. 2 to replace the same or to refund Rs. 6,990/-, being the purchase price of those articles. But O.Ps. remained silent without redressing her grievance.  And ultimately on 12-02-2013, O.P. no. 2 straightway refused to refund or replaced the purchase articles. Finding no other alternative and being aggrieved, complainant filed this instant  petition before this Forum with the aforesaid prayers.  

3.                  Notices were served. Both the O.ps. appeared but only O.P. no. 1 filed written

version.  Accordingly, case was heard  ex parte against O.P. no. 2.  

4.                  Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.            It is the specific plea

of  O.P. no. 1 that O.P. no. 2 is not their agent and O.P.no. 2 acted on his own. Moreover, the piece of trouser which is not at all an article related to the business of O.P. no. 1. So, the entire dispute is in between complainant and O.P. no. 2. But the money receipts showing the total payment of Rs. 6,990/- made by the complainant, bears the name and logo of O.P. no. 1. Complainant paid this entire amount through a cheque drawn on  SBI, Howrah Branch, being no. 047107 dated 27-05-2011.  And when she found that both the articles are not satisfactory, the entire course of action arose in Howrah. O.Ps. by not responding to her request for replacing the defective articles, has shown gross negligence towards the complainant.  She was harassed physically and mentally, for which O.Ps. should be punished. 

                 Accordingly, the case succeeds on merit with costs against o.ps.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  107 of 2013 ( HDF 107 of 2013)  be  allowed on contest  against O.P. no. 1 with  costs and ex parte against O.P. no. 2 with costs.   

      That the o.ps. are jointly and severally  directed to refund   Rs. 6,990/- to the complainant.

      That the complainant do get an award of Rs. 2,000/-  as compensation and Rs. 1,000/- as litigation costs from the O.Ps.  within one month from the date of this order.

      That the  O.Ps. are jointly and severally directed to pay the entire amount of Rs. 9,990/- to the complainant within one month from the date of this order i.d., the entire amount shall carry an interest @ 10% p.a. till full realization.  

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah