The complainant filed an application U/s 12 of the Consumer Protection Act,1986 as amended upto date.

            In brief, the case is that Sankar Ganrai, the complainant purchased a lock from Swapan Kr. Saha, Prop. Bolpur Glass and Optic House, Bolpur, Birbhum ( the O.P No.1) which was manufactured by Godrej Co. i.e. O.P No.2, by paying the amount of Rs. 1924/- by tax invoice/cash memo No. 1216 dated 04.01.2016. The O.P No.1 assured the complainant for warrantee of one year for the said lock but did not deliver any warrantee card. After that a carpenter installed the said lock upon the complainant’s door and after 2 or 3 days of using some parts along with the spring came out from the lock and the lock became inactive. Since the lock was within the statutory period the complainant brought the broken lock before O.P No.1 for replacement but the O.P No.1 did not pay any heed. The complainant sent a legal notice on 12.01.2016 but the O.P No.1 refused to accept the same. Thereafter the complainant lodged a complaint before Asst. Director, C.A.&F.B.P, Suri, Birbhum but inspite of receiving notice from them, the O.P No.1 did not appear before their officials. Finding no other alternative the complainant filed this case praying for reliefs as per the complaint.

            The notices upon O.P No.1 and 2 have been duly served. The O.P No.1 received the notice putting signature on the A/D card but did not turn up to contest with the case. The O.P No.2 has refused to receive the notice as such the envelope containing notice returned undelivered with remark “refused” which was tantamount to serve. Hence the case was heard ex parte against O.P No.1 and 2.

            The complainant filed evidence in chief on affidavit and some documents. The complainant also filed written argument.

We have heard Ld. Lawyer for the complainant in details and verified the documents.

Evidently it is clear that the complainant has purchased one Godrej Lock from O.P No.1 after Paying Rs. 1924/- vide Tax Invoice/Cash Memo dated 04.01.2016. The complainant stated in his evidence in chief and written argument that O.P No.1 at the time of selling the aforesaid lock assured him about one year warrantee of the lock. But did not issue any warrantee card. He also stated that after using of 2 or 3 days after the fitting of the said lock upon the door suddenly some parts along with the spring came out from the lock and the lock become inactive. The complainant thereafter requested the O.P No.1 several times verbally to replace the said lock as it is under warrantee period. As per the complainant he also sent a legal notice to the O.P No.1on 12.01.2016 but on verification of the said letter we find that the same was not a legal notice but an ordinary letter from the complainant. However as per the complainant the O.P No.1refused to accept the same and did not pay any heed.

In this case O.P No.1 did not appear before the Forum though he received the notice putting signature on the A/D card and notice upon O.P No.2 also served properly but O.P No.2 refused to accept the same.

So, in absence of any contrary proof and denial from the end of the O.Ps and relying upon the evidence on affidavit of the complainant we do not find any reason to disbelieve the allegations of the complainant.

It is also appears from the documents that the complainant filed a complaint before the Asst. Director, C.A.&F.B.P, Birbhum R.O. on 28.01.2016 and the Dy. Asst. Director of the said office sent a notice to O.P No.1 on 16.02.2016 but the O.P No.1 did not appear before the said officials. These activities of the O.Ps show clear negligence in handling the complainant case.

So, from the above discussion it can be concluded that O.Ps have deficiency in service in this case. Hence, the case stands in favour of the complainant.

Proper fees have been paid.

Hence,

O R D E R E D

that C.F case No. 66/2016 be and the same is allowed ex parte against the O.Ps.

            The O.Ps are directed to replace the defective lock by a new defect free Godrej Lock otherwise refund the amount of value of the lock i.e. Rs. 1924/- along with interest @ 10%P.A. from the date of purchasing i.e. from 04.01.2016 till the realization of the amount. The O.Ps also directed to pay Rs. 1,000/- to the complainant as litigation cost. All the above mentioned order should be carried out within one month from the date of this order failing which the complainant shall be at liberty to execute this order as per law and procedure.

Copy of this order be supplied to the parties each free of cost.