This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not supply the questioned Microwave to her till filing of this complaint.

The brief fact of the case of the Complainant that she applied for purchasing a Microwave Oven vide application form no-226533 dated 04.09.2016 to the Godrej & Boyce Manufacturing Company Limited and paid Rs.15,910/- through cheque and the said cheque was encashed on 09.09.2016. The deal was completed with the agents of the OP-1 namely Tapas Ghosal, Rabiul Islam and Joyprakash as well. On several times the Complainant requested  the representatives of the OP-1 to supply the Godrej Microwave Oven to het after clearing the cheque, but they did not supply the said oven to her. Finding no alternative the Complainant had lodged a complaint to the Assistant Director, CA & FBP, Salt Lake for mediation, but no mediation was made and accordingly the complaint was dropped with a direction to the Complainant to file specific complaint before the appropriate DCDRF, Barasat for redressal. According to the Complainant non-supply of the Microwave Oven by the OPs after encashment of her cheque is an example of unfair trade practice as well as deficiency in service. Due to such action of the OPs that Complainant has been suffering from huge harassment and mental agony for which the Complainant is not at all responsible. As the OPs did not bother to redress her grievance, hence having no other alternative the Complainant has approached before the Ld. DCDRF, Barasat by filing this complaint praying for direction upon the OPs to supply her the questioned Microwave Oven and to pay compensation to the tune of Rs.30,000/- for physical harassment and mental agony and litigation cost of Rs.3,000/- to her.

The OPs have contested the complaint by filing conjoint written version contending that the Complainant paid them a cheque amounting to Rs.15,910/-  on 04.09.2016 for purchasing a Godrej Microwave Oven and the OPs have encashed the said cheque on 09.09.2016, the OPs could not supply the said goods to the Complainant due to its short supply. For this reason the OPs have decided to refund her the entire amount as paid by issuing a cheque and accordingly one cheque was issued to her bearing no-088922 of the Account no-0001020366  on 07.11.2016, which was sent to the Complainant through speed post at her registered address, but the Complainant intentionally refused to accept the same. The OPs in their Question no-7 in the cross-examination have asked the Complainant about her address and the cheque, but surprisingly the Complainant had flatly denied her own address. The OPs in another question wanted to the reason of refusal to accept the cheque, but the Complainant answered in a very casual manner I.e. ‘Matter of Record’. The Complainant having some ill intention instead of accepting the cheque before filing of this complaint has filed this complaint to grab some money from the OPs through an unauthorised manner. The OPs are not deficient in service on the ground that considering the unavailability of the questioned Microwave Oven they offered refund in the form of cheque. According to the OPs as this complaint is liable to be dismissed with exemplary cost.

Both parties have adduced evidence on affidavit. The OPs have filed questionnaire to cross-examine the Complainant by way of reply. The Complainant had submitted the replies on affidavit. The OPs have filed Brief Notes of Argument with a copy to the other side.

We have carefully perused the record, documents as available and heard argument advanced by the Complainant, who was present in person and the OPs through their Ld. Advocate.

At the very outset it is pertinent to mention that initially this complaint was filed before the Ld. DCDRF, Barasat, but after establishment of this Ld. Forum (Now Commission as amended as per the C.P. Act, 2019) this complaint has been transferred herein in view of the order passed by the Hon’ble SCDRC, West Bengal on the ground that the address of the OP-1 falls within the territorial jurisdiction of this Ld. Commission.

Admittedly the Complainant wanted to purchase one Microwave Oven from the OPs and for this purpose she paid a sum of Rs.15,910/- to the agents/representatives of the OP-1 by issuing a cheque on 04.09.2016. The OPs have encashed the said cheque on 09.09.2016. The OPs did not supply the questioned Microwave Oven to the Complainant. On several times the Complainant have made request to the OP-1 for supply of the said goods, but to no effect. The case/plea of the OPs is that due to non-availability of the Microwave Oven with the specification as chose by the Complainant, the OPs could not supply the same. It is the further case of the OPs that as they could not supply the same to the Complainant, they decided to refund the amount as paid by her and accordingly they have send the amount to her by issuing one cheque through speed post at her given and registered address. But the said cheque was returned to the OPs with the endorsement as ‘refused’. On being asked during argument the Complainant told that she could not understand that the envelop carried the cheque, hence she refused to receive the same. In the questionnaire put by the OPs to the Complainant in this respect, in our opinion the reply of the Complainant is not satisfactory. It is pertinent to mention that the OPs have refund the entire paid amount of Rs.15,910/- to the Complainant before initiation of this complaint i.e. 07.11.2016. But the Complainant instead of receipt of the cheque has filed this complaint against the Complainant in the year 2017 claiming the questioned item i.e. Microwave Oven along with compensation and cost.

In our view as the OPs have tried to refund the entire amount to the Complainant before filing of this complaint due to non-availability of the goods, hence we do not find and deficiency in service as well as unfair trade practice on behalf of the OPs. So the Complainant is not entitled to get any amount towards cost and compensation as sought for, but obviously the Complainant is entitled to get refund of the amount of Rs.15,910/- as paid by her.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-RBT/CC/332/2020 is hereby  allowed on contest without any cost. The OPs shall refund the paid amount of Rs.15,910/- to the Complainant within 45 days from the date of passing this judgment, in default the amount shall carry interest @12% p.a. for the default period.

Let plain copy of this judgment be supplied to the parties free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
                MEMBER