DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
D.F. Case No.57/2012
Date of filing:09/04/2012 Date of disposal:19/04/2013
Complainant:C.A.N.N. Alam @ C.N.Alam, S/o.C.A.Rahim, at Chattanilpur (West),
P.O.-Sripally, P.S. & Dist.-Burdwan, Pin-713103.
VERSUS
Opposite Party: 1. The Manager of Videocon Industries Ltd., 14 Kms Stone, Aurangabad,
Paithan Road, Chitegaon, Dist-Aurangabad, Pin-431 105.
2. The Authorized Service Centre of Videocon, Tailyo Marui Road,
Near Neheru Juva Kenrda, P.S. and District-Burdwan.
3. The Manager of Great Eastern Application Pvt. Ltd., P-273, Maniktala Main
Road, Kankurgachi, Kolkata-54.
Present : Hon’ble President: Sri Udayan Mukhopadhyaya
Hon’ble Member : Smt. Silpi Majumder
Hon’ble Member : Sri Durga Sankar Das
Appeared for the Complainant: Ld. Advocate Santi Ranjan Hazra.
Appeared for the Opposite Parties: None.
JUDGEMENT
This is an application U/S 12 of the C.P. Act. It is the short case of the complainant that he purchased LCD colour television being model No.LCDTVVRL3HBM.FLA32 LCD manufactured by Videocon Industries Ltd. on 22.10.2011 from the O.P. No.3. O.P. No.1 is the manufacturer of the said product and O.P. No.2 happens to be the authorized servicing centre of O.P. No.1. It has stated that Rs.16,500/- was paid to O.P. No.3 and took valid receipt at the time of purchased of the said product. O.P. No.3 had assured to give one DTH (Airtel DTH activation Kit 999) along with recharge card (Airtel lap- recharge voucher free items) and for that reasons he has accepted Rs.490/- and received granted to that effect. But inspite of delivery of the said free gift items i.e. “hair dryer” and “Iron due” and the other items namely Airtel DTH 999 the O.P.s did not provide as yet. It should be mentioned here that as and when the complainant visited the office of the O.P. he was informed to contact with the local service centre i.e. O.P. No.2 but ultimately said items were not delivered. This is undoubtedly unfair trade practice on the part of the O.P. Thereafter, legal notice was served but no actions were taken by the O.P.s till today. Thus, the cause of action was arose on 9.4.2012 and continuing till to date and hence the complainant prayed for compensation to the tune of Rs.20,000/- and Rs.20,000/- for unfair trade practice because the complainant was suffering from mental pain and agony years together inspite of issuance of summons the O.P.s did not turn up. Accordingly the case is fixed for exparte hearing and even then the O.P. failed to attend the Forum and thereby this Forum has no other alternative to pass the following order in exparte.
Points for determination in this case are;
1. Is there any unfair trade practice acted upon the complainant by the O.P.s?
DECISION WITH REASON
We have perused the evidence on affidavit filed by the complainant. Where we find that complainant has already paid Rs.16,500/- for Videocon 32 inch LCD TV and to that effect one original receipt being No.KG/CN06777/11-12datd 22.10.2011 issued by the O.P. No.3. It is clearly suggest that complainant paid the said money as his name and address is appearing in the said receipt which is identical with the address of the complainant appearing in the cause title. It is pertinent to point out that in the bottom of the said receipt it has specifically mentioned gift delivered. So naturally a question may cropped up in the mind of any prudent persons that gift has already been delivered but on scrutiny it is seen that the said gift were “hair dryer” and “Iron due” and said two gifts are mentioned in the bottom of the money receipt where it has mentioned gift delivered. But the other receipts being No.KG/CN/06778/11-12 dated 22.10.2011 Serial No.1 & 2 were not delivered. But Rs.490/-were collected from the complainant by the O.P. No.3 i.e. why complainant compelled to filed this case. It appearing from the affidavit of the complainant that on being asked by the complainant to O.P. No.3 on several occasions regarding the said two items complainant was requested to communicate with the local service centre i.e. O.P. No. 2 for collecting the said gift items. But ultimately did not provide.
We have nothing to disbelieve the unchallenged testimony filed by the complainant not only evidence on affidavit but also documentary evidence namely cash Memo No.KG/CN/06778/11-12 dated 22.10.2011, for which Rs.490/- already paid. So, this circumstances, clearly suggest that O.P.s acted unfair trade practice which creates the mental agony and disturbance of the complainant. So, this type of false assurance for the purpose of selling LCD should be stopped by the O.P.s namely Videocon Industries Ltd. Accordingly we hold that this act of the O.P. is nothing but an unfair trade practice.
Hence, it is ORDERED
that the application U/S 12 of the C.P. Act is allowed on exparte. The O.P.s are directed to deliver two free gift items mentioning Cash Memo No. KG/CN/06778/11-12 dated 22.10.2011 within one month from this date of order. The O.P. No.3 is hereby directed to pay Rs.20,000/- to the complainant towards compensation due to mental agony and harassment positively within one month from this date of order, in default interest will be accrued @10% p.a. till realization. The O.P. No.3 is further directed to deposit Rs.5000/- to the Consumer Welfare Fund, Burdwan for his unfair trade practice so that sufficient lessons may be meted out in this regard. If the O.P. No.3 failed to pay the compensation money along with the gifts as stated above complainant is at liberty to execute the order through this Forum. Let the copy of the order be sent to O.P. No.1 to 3 for informations and necessary compliance as the case may be. It is also directed upon the O.P. No.1 to direct his all franchises or agents namely O.P. No.3 to stop this type of unfair trade practice considering your reputation in the field of electronics business.
(Udayan Mukhopadhyaya)
Dictated and corrected by me. President,
D.C.D.R.F., Burdwan.
(Udayan Mukhopadhyaya)
President,
D.C.D.R.F., Burdwan.
(Mrs. Silpi Majumder)
Member,
D.C.D.R.F., Burdwan
