The Authorized Signatory, Star Enterprise V/S Rajesh Debnath
Rajesh Debnath filed a consumer case on 02 Nov 2023 against The Authorized Signatory, Star Enterprise in the West Tripura Consumer Court. The case no is CC/3/2023 and the judgment uploaded on 02 Nov 2023.
Tripura
West Tripura
CC/3/2023
Rajesh Debnath - Complainant(s)
Versus
The Authorized Signatory, Star Enterprise - Opp.Party(s)
Self
02 Nov 2023
ORDER
DISTRICT CONSUMER DISPUTES REDRESSALCOMMISSION: WEST TRIPURA : AGARTALA
1.Rajesh Debnath here-in-after called the complainant has filed the complaint alleging inter alia that he purchased a Modular Kitchen from the O.P. No.1 Sushanta Shil, the Authorized Signatory of Star Enterprise at Agartala who is the representative of O.P. No.2. But neither the O.P. No.1 nor the O.P. No.2 delivered the Modular Kitchen to the complainant. Hence, this complaint claiming a direction to the O.Ps to install the Modular kitchen and pay appropriate compensation.
2.Summon was issued upon the O.P. No.1 but the summon returned with a report that the O.P. No.1 left the place and the mobile number of O.P. No.1 was found to be wrong. At this juncture the O.P. No.2 was added party vide order dated 26.04.2023. Summon was issued upon O.P. No.2 which the O.P. No.2 duly received as has been proved by postal receipt and track report but the O.P. No.2 has not appeared to contest the case. As such vide order dated 22.08.2023 the case has been proceeding exparte against the O.Ps.
3.The complainant has submitted evidence on affidavit along with documents.
4.Hearing argument we find it that the complainant has submitted money receipt dated 01.07.2022 issued by O.P. No.1 for Rs.1000/-, money receipt dated 04.07.2022 issued by the O.P. No.1 for Rs.70,000/- and money receipt dated 02.09.2022 for Rs.59,000/-. Thus, in total the complainant paid to O.P. No.1 Rs.1,30,000/-. The account statement of the complainant also shows that this amount was debited from the Bank Account of the complainant in favour of the O.P. No.1.
4.1Meaning thereby the O.Ps have cheated the complainant for which there is not only been deficiency in service but the O.Ps have adopted unfair trade practice. Hence, the O.Ps are jointly and severally liable to return Rs.1,30,000/- to the complainant.
5.In the result, we order that the O.Ps shall jointly and severally return Rs.1,30,000/- to the complainant along with a further sum of Rs.1,20,000/- to the complainant as compensation, interest of the amount advanced and litigation cost within 30 days from today.
6.The case stands disposed off.
7.Supply 3 copies of the order to the complainant. The complainant shall deliver 1 copy each to O.P. No.1 and O.P. No.2 by post for their compliance.
Announced.
SRI GOUTAM DEBNATH
PRESIDENT,
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA, AGARTALA
DR (SMT) BINDU PAL
MEMBER,
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA,AGARTALA
SRI SAMIR GUPTA
MEMBER,
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA,AGARTALA.
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