Judgment & Order dt. 28.02.2018
The negligent attitude as well as non compliance of the decision of mediation at the office of the Asst. Director, C.A. & F.B.P., Dakshin Dinajpur dt. 06/06/2017 on the part of the OP i.e. OM Cable D.D.C.N., 3½ No. More, Balurghat, Dakshin Dinajpur has led the complainant Sri Sankar Prasad Sen to lodge complaint to this forum under Sec. 12 of C.P. Act.
The case may be epitomized as follows:-
The complainant had purchased a set top Box from the OP. The OP had supplied the material and made the connection at the cost of Rs. 2000/- (Rupees Two thousand) only, but no cash memo had been provided. Even on monthly payments for the service no cash memo/money receipt had been received by the complainant. The service of the cable was poor and defective since inception. The complainant has requested verbally time and again to the service provider but the OP had paid a deaf ear to the request. As a measure, the present complainant had prayed for redressal to the office of the Asst. Director, C.A. & F.B.P., Dakshin Dinajpur. Accordingly the office of the A.D. had arranged two discussion for mediation of the grievance on 25/05/2017 & 06/06/2017. Though the OP in the instant case had agreed to mitigate the grievance of the complainant by replacing the necessary equipments and providing cash memo for the earlier payments and future payment to be made by the complainant. But nothing has been done by the OP till December 25/12/2017. So the complainant has been obliged to lodge complaint with this forum on 26/12/2017.
The OP has been summoned in due time. But the letter has been returned to this office with a report “Unclaimed” on 02/02/2018 (kept in file). The term “Unclaimed” means the OP has avoided the summons.
So the case has been heard ex parte against the OP.
The complainant has claimed Rs. 2,000/- as the cost that had been paid to the OP along with Rs. 88,000/- (Eighty-eight) thousand as compensation for his mental harassment & injury to his social prestige and also Rs. 10,000/- (ten thousand) as litigation cost and he has also claimed all receipts for the payments made by him.
Point of Discussion
- Whether the complainant is tenable in absence of any proof of purchase voucher under C.P. Act.
- Whether the complainant is a consumer when no proof is found.
Under the circumstances, the OP got the opportunity to prove his cause of action but the OP has actually dishonoured this Forum by avoiding the Forum as the notice has been returned as “Unclaimed”.
But in the light of the document like the mediation report by the A.D., C.A. & F.B.P., Dakshin Dinajpur as kept in the record as evidence, it reveals that the OP had primarily admitted the present complainant as a consumer and also agreed to redress the grievances of the complaint within a short while as decided on 06/06/2017. But the OP has done nothing and even also factually refused to the summons of this Forum.
Hence, the case has been heard ex parte.
O R D E R E D
The instant case be and the same succeeds ex parte.
- The OP is directed to refund Rs. 2,000/- (Rupees two thousand) only within 30 days from the date of this order.
- The OP is also directed to pay Rs. 50,000/- (Rupees Fifty thousand) only as compensation to the complainant as his (the OP’s) action has caused mental harassment and jeopardized social prestige of the complainant within 30 days from the date of this order by cheque or bank draft in the name of the complainant.
- The complainant will deposit Rs. 20,000/- (Rupees twenty thousand) only to West Bengal S.C.W.F. within 20 days from the date of receipt of the compensation amount from the OP by a bank draft.
- Rs. 2,000/- (Two thousand) only is to be paid to the complainant as a litigation cost within 30 days from the date of this order by the OP.
All payments to the complainant are to be deposited by cheque / bank draft to this Forum on / before 30th March, 2018.
All payments except the litigation cost will bear interest @ 10% per annum, if not paid within the stipulated time.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
