West Bengal

Kolkata-I(North)

CC/88/2016

Sri Chandrachur Bose - Complainant(s)

Versus

Sri Suvajit Bhowmik, Jit Computer Solution - Opp.Party(s)

22 Feb 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/88/2016
 
1. Sri Chandrachur Bose
15/1/2, Chowdhury Para 2nd Bye Lane, P.O. - Santragachi, Howrah, Pin - 711104.
...........Complainant(s)
Versus
1. Sri Suvajit Bhowmik, Jit Computer Solution
5, Chandni Chalk Street, P.S. - Bowbazar, Kolkata - 700012.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 22 Feb 2017
Final Order / Judgement

Order No.  9  dt.  22/02/2017

       The case of the complainant in brief is that the complainant purchased a hard disk from the o.p. on 29.4.15 and paid an amount of Rs.3450/-. The said product was sold to the complainant by o.p. after expiry of 3 years of the guarantee period of the hard disk. Due to such unfair trade practice adopted by o.p. the complainant was not able to print the matter from the net system. The complainant scrutinizing the product when he found that the product was sold after the guarantee period it was brought to the notice of the complainant but o.p. did not pay any heed to the request of the complainant which compelled the complainant to file this case praying for the value of the product as well as compensation.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such the case has proceeded ex parte against the o.p.

            The complainant in order to substantiate his claim filed an affidavit on evidence whereby the complainant stated the fact that he purchased the hard disk from o.p. on 29.4.15 and the said hard disk was sold after the expiry of guarantee period. The complainant in order to prove the case filed some documents including the cash memo wherefrom it is evident that the complainant purchased the said product from o.p. The complainant after purchase when it was detected that the said product was not functioning due to expiry of the guaranty period the complainant brought to the notice of o.p. but no action was taken on the part of o.p. the o.p. has not contested the case and as such, the evidence adduced by the complainant has remained unchallenged thereby we have no hesitation to accept the case of the complainant and we hold that the complainant will be entitled to get the value of the said product as well as compensation and litigation cost.

            Hence, ordered,

            That the CC No.88/2016 is allowed ex parte with cost against the o.p. The o.p. is directed to pay the complainant a sum of Rs.3450/- (Rupees three thousand four hundred fifty) only towards the value of the product along with compensation of Rs.1500/- (Rupees one thousand five hundred) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.  

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER

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