Order No. 12 dt. 30.11.2016
This is an application u/s. 12 of C.P. Act filed by the petitioner, Sk. Abdul claiming the cost of the TV of Rs.24000/- along with litigation cost of Rs. 12000/- and the convenience charges of Rs.12000/-, mental harassment and agony of Rs. 20000/- i.e. Rs.80000/- in all.
The case of the petitioner in short is that he purchased one TV (Model No. 32LS3000ATR, SL-78712 210 PLPM) of LG Company 32” LED TV on 17.12.2014 from Super Betar Bani and he filed the purchase receipt which speaks that the value of the said TV is of Rs.18700/-. The TV was not functioning. He called the service provider. The Service Centre (O.P. No.2) informed the petitioner that the said TV has been sold earlier to another person. He came to the Super Betar Bani, O.P. No.1 and demanded the replacement of the new T.V. or the price in which he paid for the T.V. on 17.12.2014.
The O.P. No.1 appears and file written statement admitting that the T.V. Model No. 32LS3000ATR, SL-78712 210 PLPM of LG Company 32” LED TV was sold to the petitioner on 17.12.2014. He further stated that the original owner and manufacturer of the said T.V. is J.B. Electronics, 26 Shakespeare Sarani, 2nd Floor, Dimple Court Kolkata – 17 and he purchased the said T.V. on 31.03.2013 vide invoice bill no. MLD/SAL/MAR/4148/12-13 and JB Electronics is a necessary party in this case. but the O.P. No.1 when filed W.S. on the earlier date on 15.02.2016 denied all the allegations of the petitioner but he subsequently admit the sale of the said TV, to the petitioner in his additional W.S. filed in this case on 06.05.2016.
On the basis of the same following issues are framed:-
- Whether the case is maintainable?
- Whether there is any cause of action to file this case?
- Whether there has been any deficiency in service on the part of the O.Ps?
- Whether the complainant is entitled to get any relief as prayed for?
:DECISION WITH REASONS:
Issue Nos. 1,2,3 and 4
All the issues are taken up together, as they are co-related, for the sake of brevity and convenience of discussion.
Record does not reflect anything regarding the non-maintainability of the case and the case is well maintainable.
When the claim of the petitioner is admitted and the petitioner filed the cash memo of O.P. No.1 then it is established that O.P. No.1 sold the T.V. to the petitioner after taking money of Rs.18700/-. The petitioner is a consumer and he purchased the T.V. from the shop of the O.P. No.1 and he did not file any document except the money receipt. As per the law the Consumer must file case when the product is not good or not giving service. O.P. No.1 filed a written statement stating that he purchased the T.V. from another person of another company and he made a prayer to made a party of that person in this suit. His prayer is not tenable in the eye of law as per the Sec. 2(d) Sub Sec. “(i)………….but does not include a person who obtained such goods for resale or for any commercial purpose.” It is also established that the O.P. No.1 sold one T.V. to this petitioner/customer received on 17.12.2014. Without any hesitation when the O.P. No.1 sold the T.V. to the petitioner knowing fully well that the said T V was earlier sold and he admitted that the said model was sold from his shop. Then he is bound to return back the amount of Rs.18700/- to the petitioner after taking the said T.V. from the custody of the petitioner.
We do not want to make any party in this case as per prayer of the O.P. because of the fact that the petitioner purchased T.V. from the O.P. No.1 and he took the money and no documents supplied except the money receipt.
In the result, the case succeeds in part.
Proper fee paid.
Hence, ordered
that Malda D.F.C Case No.91/2015 is hereby allowed on contest with cost against O.P. No.1 and dismissed against O.P. No.2.
Petitioner is directed to handover the T.V. to the O.P. No.1 within one month (30 days) from the date of the order and O.P. No.1 is directed to pay Rs. 18700/- to the petitioner and Rs. 1000/-as cost of litigation in all Rs. 19700/- (Rupees Nineteen Thousand Seven Hundred Only) and also to deposit Rs.1000/-(Rupees One Thousand Only) to the State Consumer Welfare Fund, Govt. of W.B. within 1 month (30 days) from the date of this order failing which the amount will carry interest @ 6% p.a. till realization and also the petitioner be at liberty to put the decree in execution.
A copy of the order be given to each of the parties free of cost.
