DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.10/2021

Date of Filing:                      Date of Admission:             Date of Disposal:

       11.01.2021                                   18.01.2021                              31.01.2023

P R E S E N T                 :-   Smt. Monisha Shaw …………………. Member.

                                          :-   Sri.  Abhijit Basu      …………………. Member.

JUDGMENT/FINAL ORDER

            This is a complaint U/s 35 and 36 of the Consumer Protection Act, 2019.

            The Complainant stated that in order to decorate her own house and buy some furniture and on 15.03.2020 ordered

1. 7’-0”x 6’-0” CP Sagun Box Khat – 1 piece- with hydraulic Rs. 56,000/-.
2. 3 door steel Almirah – 1 piece – Rs. 13,000/-
3. 6’-0” x 3’-0” CP Sagun Dressing Table – 1- Rs.15000/-

The Complainant booked the furniture totaling of Rs.85, 000/- (Rs.6,000/- for hydraulic) with advance payment of Rs.500/- and the delivery date was given on 03/04/2020.

The Complainant further stated that due to Lock Down the delivery of the items were delayed and the Complainant contacted with the proprietor of the O.P. on 27/05/2020 and further paid Rs. 20,000/- as part due payment and after that on 17/08/2020 the Complainant full amount which was due and received the said furniture from the Opposite Parties shop.

As per Complainant’s version the Complainant noticed that the furniture are not up to the mark and they lack in quality and the steel almirah which should be 22/22 gauge but the Complainant received that almirah which is 22/24 gauge, the bed and dressing table is turned was also not up to the mark and powder kind of substance is falling from the bed and dressing table on the floor and the thickness of the bed to be 2 inches which was agreed by him that he made it 1.5 inch which proves that the bed and dressing table is not made with his commitment from good quality wood and hydraulic value was taken so high price which is totally negligence and unfair trade practice. So, the Complainant requested to the proprietor either to refund the money or exchange the product.

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On 13/10/2020 the Complainant wrote a letter to the Secretary, Habra Babosaye Unnayan Samity and also filed complaint in Consumer Affairs Department on 15/10/2020 but the Opposite Parties ignored the same and finally the Complainant on 11/12/2020 lodged this case.

The Complainant sent a legal notice to the Opposite Parties through their Ld. Advocate on 15/12/2020. The O.P. did not appear to contest the case and hence the case was heard ex-parte. The Ld. Advocate for the Complainant submitted that the Complainant has proved his case by evidence on oath and therefore the Complainant is entitled to get the decree as prayed for.

            Considering the fact of the case as per written complaint and also the evidence of the Complainant and the copies of documents we find that the Complainant has proved her case that she paid Rs. 85,000/- for the furniture but the furniture which was delivered on 17/08/2020 (as per record) but as per Complainant’s version the furniture are not properly delivered as per order. The Complainant has proved the case by evidence on oath and there is no evidence to the contrary to disbelieve the Complainant’s evidence on oath.

Accordingly we find that the Complainant has proved his case ex-parte and is entitled to get the decree for refund of the entire balance amount as stated by the Complainant.

            In the result the case succeeds ex-parte.

From the record, it appears that the Opposite Parties did not appear before this Commission and the case do run ex-parte against the O.Ps from 17/02/2022.

Prayer of the Complainants:-

1. The OPs are directed to refund Rs. 85,000/- to the Complainant.
2. The OPs are directed to pay the total amount on the different heads along with compensation.
3. The OPs are directed to pay Rs. 3,00,000/- as compensation towards mental agony, pain and unnecessary harassment and litigation cost of Rs. 60,000/-.
4. Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
5. Any other relief / reliefs.

Following issued were framed for the purpose of decision:-

1. Whether the complaint is maintainable or not?

2. Whether the Complainant is entitled to get relief / reliefs in this case.

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of  argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid an amount of Rs. 85,000/- to the Ops.

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C.C. No.10/2021

Here the status of the OPs is service provider and the Complainant being a customer of the OPs so the Complainant becomes a consumer as per Consumer Protection Act, 2019.

The Complainant resides at Gourabanga Road, Habra-1, North 24 parganas presently residing at Vanurpukurpar, 2 no Raail Gate, P.O- Banipur, P.S- Habra, Pin code- 743233 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.

We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy of the certificate which was provided by the O.P members with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 85,000/- on different dates. Since the O.Ps did not refund the maturity amount to the Complainant, as such there is deficiency in service on part of the O.Ps.

The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

Thus all the points are disposed of accordingly.

Fees paid by the Complainant.

Hence,

It is ordered,

            That the case being no. C.C./10/2021 be and the same  is allowed ex-parte against the O.P.

The O.P. is directed to refund the amount of Rs. 85,000/- to the Complainant of the purchased furniture along with 6% interest from the date of last payment made by the Complainant after receiving their furniture which was delivered to the Complainant within 02 months from this date, failing which the Complainant may take steps according to law.

            Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member                                            

Member                                                                                                         Member