DATE OF FILING : 25.11.2014.
DATE OF S/R : 06.01.2015.
DATE OF FINAL ORDER : 30.09.2015.
Sri Rakhal Sarkar,
son of late Golok Behari Sarkar
of 43/1, Laxmi Narayan Road, P.S. Dum Dum Cantonment,
Raktarabi Club,
Kolkata 700065.….………………………………………………….. COMPLAINANT.
The Manager,
The Home Shop, Ichhapur, Sealdanga, Mannapara,
P.S. Jagacha, District Howrah,
PIN 711104..……………………………………………………….…OPPOSITE PARTY.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Rakhal Sarkar, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to refund the purchase price of the furniture and to take back the furniture which was sold to the complainant, to pay Rs. 2,00,000/- as compensation for his mental agony and harassment along with litigation costs and other relief or reliefs as the Forum may deem fit and proper.
- Complainant bought one 7’ X 5’ bed with 7’ X 5’ Kurlone Matresses and one dining set from Howrah Utsav Mela at Dumurjala, Howrah, on payment of Rs. 43,000/- in cash on 12.03.2013 vide Annexure. O.p. assured the complainant about the quality of the above articles. But after lapse of few days complainant understood that the quality of the articles were not upto the mark and it was not fit for domestic use. So he informed the o.p. After receiving the complaint, the opposite party assured the complainant that they would replace the articles alternatively refund the cost. But all his assurances went in vain. Subsequently complainant sent an advocate’s letter dated 25.02.2014 by registered post with A/D demanding the claim. But till date the o.p. did not take any positive step. Being frustrated and finding no other alternative, he filed this instant case with the aforesaid prayers.
- Notice was served. The o.p. appeared and filed written version. So the case was heard on contest.
- Upon pleadings of both the parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written version filed by the o.p. It is the specific plea of the o.p. that the bed in question is an imported one and not at all a wooden article but it is a particle board made and o.p. did not provide any guarantee or warrantee for the articles. Complainant visited the show room at the mela ground and chose the articles and purchased the same being fully satisfied. So there is no liability or responsibility on their part. Here we take a pause. It is to be considered that even after making the full payment of Rs. 43,000/-, complainant could not utilize the articles in a proper way. He has been deprived of using the articles. The overall attitude of o.p. is nothing but harassing which certainly caused severe mental agony, physical harassment and financial loss to the complainant. O.P. should have remembered that the success of their business totally depends upon the customer satisfaction. Moreover, the o.p. did not take any step to solve the problem. How they can possess such a daring attitude towards the customers ? O.p. has miserably failed to keep promise of rendering post sale service which they made at the time of selling the articles which certainly amounts to deficiency in service coupled with unfair trade practice on its part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 604 of 2014 ( HDF 604 of 2014 ) be allowed on contest with costs against the O.P.
That the O.P. is directed to pay Rs. 43,000/- as purchase price of the articles, to the complainant within 30 days from the date of this order.
That the o.p. is further directed to pay to the complainant an amount of Rs. 3,000/- as compensation and Rs. 2,000/- as litigation costs within 30 days from the date of this order.
That the o.p. is further directed to pay the entire amount of Rs. 48,000/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 9% per annum till full realization. The complainant is also directed to return the articles which are lying in his custody after receiving the awarded amount.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
