- Bidyut Bhattacharjee,
Flat No.4E & H, Block-III,
“Dakhineer”,
116, N.S.C. Bose Road, Kolkata-40. _________ Complainant
____Versus____
- The Proprietor,
D’Zone Lifestyle Furniture,
Homeland Mall, Ground Floor,
18B, Ashutosh Mukherjee Road,
Kolkata-20, P.S. Bhabanipur. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 22 Dated 29-09-2014.
The case of the complainant in short is that complainant purchased the sofa set (containing 3 items) by paying Rs.45,000/- only under sell order no.HL/1125 dt.25.11.07 by a company named Metrec India Pvt. Ltd. and the entire business of said company is now being carried on by the company styled as D’zone Lifestyle Furniture, (hereinafter referred to as o.p). Complainant purchased the sofa set (product code no.946) along with a matching centre table (product code no.X301). In the year 2009 it was noticed that little cracks were developing on the surface of all the 3 items of sofa set. Gradually the cracks were increasing on the surface of the sofa set. Complainant has reported the o.p. pointing out the said defect. But o.p. did not pay any heed. Finding no other alternative complainant sent a letter to them on 21.3.11, but o.p. did not reply. Then complainant informed ICRPC and on receiving the grievance of the complainant the President of ICRPC sent a notice to o.p. on 20.8.11. Thereafter complainant again sent a letter on 15.11.11 and all were in vain. Hence the application with prayer for refund of Rs.45,000/- along with compensation and cost.
O.p. appeared before this Forum and filed w/v. In their w/v they have denied all material allegations interalia stated that o.p. has informed and declared categorically about the furniture sold by them to the complainant. Those furniture were imported and as such, those were not guaranteed product. Sofa set supplied by o.p. was made of PU leather and not of pure leather. PU leather has its own life and it is poly layer which is pasted on cloth and it has tendency of piling from cloth after some duration which depends on the weather condition. In Kolkata weather is very humid and for that reason it can pill off faster. Complainant has replied to the letter of complainant on 4.4.11 and they have offered the complainant that they would change the PU leather and complainant has to pay only 50% of the cost of the sofa set. There is no deficiency on the part of o.p. and as such the case is liable to be dismissed in limini.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant purchased sofa set containing 3 items and a centre table worth Rs.45,000/-. Accordingly complainant paid the amount. Complainant also purchased dining table and chairs on the same date. After some time the surface of the sofa set started cracking and gradually cracks were increasing. Complainant informed the o.p. and several times he wanted to meet with the concerned authority of o.p. but every time o.p. has taken different pleas. O.p’s argument is that PU leather is not suitable for Kolkata because of humid weather. This plea cannot be tenable in the eye of law as the o.p. has not produced any document which shows that the product may face such problem. O.p. is selling the product of PU leather without concerning the buyers, so o.p. has made deficiency in service and as such, complainant is entitled to get relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund Rs.45,000/- (Rupees forty five thousand) only to the complainant and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is directed to return the sofa set and the centre table in question to o.p. within 15 days after receiving the aforesaid awarded sum.
Supply certified copy of this order to the parties free of cost.
