DIST. CONSUMER  DISPUTES  REDRESAL  FORUM

                                        NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 696/2014

   Date of Filing:                 Date of Admission                Date of Disposal:

    26.12.2014                  09.01.2015                         25.08.2015                        

 Complainant/s                                 = Vs. =                        O.Ps.

Soumya Kumar Chakraborty,                             1.        Sen & Co. Engineering Works,

S/o. Late Asok Kumar Chakraborty,                             Represented by its proprietor

17/1, East Ghosh Para Road,                                          Sri Partha Pratim Sengupta,

Shyamnagar,                                                                       7C, FCI Quarter,

North 24 Parganas,                                                           P.O- N. C. Pukur, Barrackpore,

Pin- 743127.                                                                       Kolkata- 700123.

Advocate Name for the complainant:-  Devesh

J U D G E M E N T

Facts of the case, in short, is that the O.P is a retailer/ seller and manufacturer of Iron goods and sale the same to the various customer.

The complainant stated that the complainant was in search of a grill door for his residence and accordingly the complainant was impressed upon the conversation made by the O.P for manufacture and delivery of grill door in the complainant’s home at Shyamnagar.

The complainant further stated that on 19.07.11 the complainant went to the office of the O.P and booked a grill door for his residence for consideration of Rs. 3,200/- and in this regard the complainant sketch the said grill door and requested to the O.P to erect the said grill door as per sketch and subsequently the O.P construct the said grill door.

The complainant also stated that after manufactured the said grill door it found there are some improper construction of grill door and not supplying the same properly and it found that there are many wrong dressing of the iron plates in the said door case and the said door case is not mounted according to the picturesque which was supplied by the complainant  and be it mentioned that on 20.12.11 the complainant  paid the full consideration amount to the O.P and in this regard the O.P issued a bill towards a complainant.

Dictated and corrected                                                                             Contd. …. 2/-

C. C. Case No.-696/2014

- :: 2 :: -

The complainant further stated that the complainant informed him to rectify /repair the grill door but in every occasion the O.P assured the complainant that within a short time he will repair the grill door. But due to not comply the same the complainant send a letter to the O.P on 16.11.12 requesting to repair the said grill door but the O.P ignore the complainant’s claim.

The complainant also stated that the complainant on several occasion went to the office of the O.P and requested him to rectify the said grill door as per sketch and delivery the same to the complainant but in every occasion the O.P avoided the complainant in capricious manner be it mentioned here that the O.P received Rs. 700/- from the complainant for the purpose of repairing charge of the said grill door.

The complainant further stated that finding no other alternative way the complainant went to the office of Directorate of Consumer Affairs and Fair Business Practice at Barrackpore Regional office and lodged a complaint against the O.P for non-rectification of a wrongfully made a grill door and the office send notice on 14.02.14 upon the O.P and requesting to the O.P to attend before the said office on 12.03.14 and on that date the O.P attend before the Affairs office and he agreed upon few of the resettle propositions for the wrongful grill construction in a written sheet of paper along with verbal apology to the officer in chair and also undertake that within two mouth from the date of settlement he will supply the grill door case after reconstructed the same but it was unfortunate part of the complainant that the O.P did not comply the settlement which was held on 12.03.14 at Consumer Affairs Office at Barrackpore. Hence the complaint.   

The O.P did not turn up to contest the case.

Point for Decision:-

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

Decision with Reasons

Complainant has submitted affidavit in chief in support of his contention in the complaint. Complainant submitted the documents in support of his claim. We have carefully perused the materials on record and documents filed by the complainant as O.P did not turn up to contest the case or to controvert the statement of complaint in spite of service of summons on them.

Dictated and corrected                                                                             Contd. ….3/-

C. C. Case No.-696/2014

- :: 3 :: -

We are of the view, the complainant is entitled to get relief as prayed for.

Hence,

                  Ordered,

                                                  that the complaint be and the same is allowed exparte against the O.P.

The O.P is directed to deliver new grill door maintaining the condition of number of (i), (ii) (iii) prayer of the complaint within one month from the date of this order.

O.P is further directed to refund the value of the grill door of Rs. 3,600/- to the complainant within one month from the date of this order.

The O.P is directed to pay Rs. 10,000/- as compensation and Rsl 2,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.P shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.

Let copies of the order be supplied to the parties free of cost when applied for.

Member                                                                                                           President

Dictated & Corrected by me.Ganguly.