West Bengal

South 24 Parganas

CC/428A/2015

Dr. Anuka Roy. - Complainant(s)

Versus

S.M. Enterprise. - Opp.Party(s)

26 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _428A_ OF ___2015_

 

DATE OF FILING : 23.9.2015                     DATE OF PASSING JUDGEMENT:  _26.4.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarkar

                                                                             

COMPLAINANT        :    Dr. Anuka Ray,61/1, Dhakuria Station Road, Kolkata – 31,P.S Lake.

 

•  VERSUS  -

 

O.P/O.Ps                            :   S.M. Enterprise, S-24, Hiland Park, Kolkata -75,P.S Survey Park,Kol-75

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act, 1986 filed by the complainant with the allegation that she has purchased one Induction Cooker from the O.P at a cost of Rs.6,500/- which is appearing from the receipt issued by the O.P with a five years guarantee . But one thing is appearing in the description column that Rs.9999/- is mentioned regarding discount, scrap, etc. But it is very difficult to justify whether the amount is the cost of the Induction Cooker ,particularly when it is mentioned that cost is Rs.6500/- and complainant claimed cost is Rs.9000/- which is also not tallying with the amount Rs.9999/-.

Be that as it may,  the case is running exparte and document shows that cost of Induction
Cooker is Rs.6500/- and complainant further claims that the said Induction Cooker is defective and stopped functioning after one month and inspite of repeated calls the O.P did not pay any heed to it, although the O.P promised to bring back the repaired Induction Cooker within 15 days , that is why complainant rushed to this Forum for proper redressal.

Inspite of serving summon O.P did not appear and contest the case for which case proceeded in exparte.

Point for decision in this case is whether there is any deficiency in service on the part of the O.P or not.

                                                Decision with reasons

Considering the totality of the case we find that the complainant has stated in para 3 in the prayer portion that she wants refund of Rs.9000/- only which they charged as machine price in money and kind Rs.6500/- was paid by two UBI chque  being no.535267 and 535268 bearing Rs.4000/- and Rs.2500/- respectively. So, payment of Rs.6500/- has already been proved but the remaining amount which has been paid as claimed by the complainant Rs.2500/- in kind as discount which cannot be accepted because all these things have not been narrated in the money receipts.

Be that as it may, when it is an unchallenged testimony we find that the complainant should get refund of Rs.6500/- along with compensation of Rs.5000/- and litigation cost of Rs.1000/-. The non-return of the defective Induction Cooker after repair amounts to deficiency in service on the part of the O.P.

Hence,

                                                                        Ordered

That the case is allowed in exparte against the O.P.

The O.P is directed to refund Rs.6500/- to the complainant towards price of the Induction Cooker along with interest @8% p.a since 24.10.2013 till realization within 30 days from this date.

The O.P is also directed to pay compensation to the tune of Rs.5000/- and litigation cost of Rs.1000/- to the complainant  within 30 days from this date, failing which, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                                Ordered

That the case is allowed in exparte against the O.P.

The O.P is directed to refund Rs.6500/- to the complainant towards price of the Induction Cooker along with interest @8% p.a since 24.10.2013 till realization within 30 days from this date.

The O.P is also directed to pay compensation to the tune of Rs.5000/- and litigation cost of Rs.1000/- to the complainant  within 30 days from this date, failing which, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President