Order No. -16 Dt.-15/07/2014
Today is fixed for passing final order.
Complainant’s case in short is that on 07/08/2011 he booked one moduler kitchen with wardrobes together with microwave, chimney, gas and other accessories in Home Town Express, Cosmoss Mall, Sevoke Road, P.S.- Bhaktinagar, Jalpaiguri, hereinafter called the O.P. On 07/08/2011 to upgrade his kitchenon payment of Rs.50,000/- to the O.P. On 10/08/2011 as advance. The O.P. Gave him assurance to deliver the said articles on or before 10/09/2011. But the O.P. had not supplied/ delivered the said articles to the complainant till the date of filing this case despite complainant’s several requests and and even after service of Lawyer’s notice.
Hence this case.
The O.P. has contested the case by filing a Written Version denying and disputing the claims and contentions of the complainant with prayer for dismissal of the case.
The specific stand of the O.P. is that the complainant didn’t pay the agreed advance on 07/08/2011 and he has paid only Rs.50,000/- on 10/08/2011 out of total due of Rs.215989/- and thereafter he failed to pay the balance dues as per agreed schedule and didn’t turn up for several months and for this reasons the order was cancelled on 31/03/2012, and as such the O.P. Is not liable for any deficiency of service as alleged by the complainant.
POINTS FOR CONSIDERATION.
- Is the case maintainable?
- Is the complainant a consumer as per provision of Consumer Protection Act.1986?
- Is the O.P. guilty for deficiency in service as alleged?
- Is the complainant entitled to get the reliefs as prayed for? If so to what extent?
DECISION WITH REASONS
All four points are taken up together for consideration and decision for the sake of gravity.
Seen and perused the pleadings of the parties and the documents filed by the parties.
We have already heard the arguments advanced by the Ld.Lawyers of both sides on the previous date.
We find that the O.P. has challenged the maintainability of the case in its Written Version but this point was not agitated at the time of final hearing of this case.
Now on careful perusal of the petition of complaint and other relevant materials on record we find nothing adverse against the maintainability of this case.
Admittedly the O.P. deals with modular kitchen, wardrobes, microwaves chimneys, gas and other accessories and that the complainant has paid a sum of Rs.50,000/- to the O.P. as advance for purchase of modular kitchen, wardrobes etc. Admittedly the O.P. didn’t supply the aforesaid articles to the complainant within the stipulated time. Therefore we have no hesitation to hold that the complainant is a consumer of the O.P. as per the provision of C.P.Act 1986.
Admittedly the complainant booked moduler kitchen with accessories to Home Town Express(O.P.) on payment of Rs.50,000/- on 10/08/2011.
Admittedly the O.P. had not supplied/ delivered the booked articles to the complainant till the date of filing of this case.
The complainant has stated in paragraph nine of the petition of complaint that he has already purchased the moduler kitchen from other shop and so he has decided to get refund of the deposited amount. The O.P. has stated in his W/V that the order of the complainant was cancelled on 31/03/2012.
The complainant couldn’t produce any document to show that he visited the O.P. after 10/08/2011 for payment of balance amount and to take delivery of the articles booked. On the contrary the O.P. also couldn’t produce any document to show that the articles booked by the complainant were made ready for delivery within the agreed time i.e. within 10/09/2011.
In such situation we find that neither the complainant nor the O.P. Performed their obligations.
However when the O.P. has received advance of Rs.50,000/- from the complainant to supply him the moduler kitchen and other accessories and as O.P. had not supplied/ delivered the said articles to the complainant within the stipulated time, so we have no hesitation to hold that the O.P. Is guilty for deficiency in service and as such the complainant is entitled to get the reliefs as specified below-
All points are disposed of.
In the result the case/application succeeds.
Hence, it is
O R D E R E D
that the case is allowed on contest with cost of Rs.1000/-(one thousand) only. The complainant do get the award of Rs.50,000/-(fifty thousand). The complainant do get further award of Rs.1000 (one thousand) only in the head of deficiency in service, harassment etc. The O.P.is hereby directed to pay to the complainant the aforesaid cost of Rs.1000/- and the awarded amount of Rs.51,000/- in total within one month from this date failing which the O.P. shall have to pay interest @ 9% p.a. for the entire amount till realization and the complainant shall be at liberty to realize the same by putting this order into execution in accordance with law.
Let copy of this final order be supplied to the parties free of cost forthwith in terms of Sec.5(10) of West Bengal Consumer Protection Act 1987.
