This complaint under C.P. Act., 1986 was initially filed against O.P. , The Proprietor, Decora Furniture, ‘Arati Complex’, M.G. Road, Dinbazar, Post & District Jalpaiguri  735101 who did not contest the case.

The case of the complainant as per complaint is as follows                        

The complainant had purchased a teak- wood wooden cot (6’ 7” feet) on 22/10/2020 from Decora Furniture, who is the Opposite Party (O.P.) in this case, on the basis of good faith and reliability, assured by the owner relating to the durability and quality of the product as mentioned above. The cost of the cot was Rs. 50,000/- (Rupees Fifty thousand only). Around 8:00 p.m. on the night, O.P.’s labours came to the Complainant’s house along with the cot and set and joined it to make it usable and delivered it to the Complainant. Soon after, the Complainant discovered number of disputes, cracks and a few more questionable manufacturing defects. The Complainant immediately contacted the O.P. over telephone and informed the entire matter in details. Additionally, the Complainant sent photos of the disputed parts through WhatsApp at once to bring the matter into the notice of the O.P. for visual observation. After looking into the matter, the O.P. asserted the Complainant to replace the cot within two or three days. After expiring the said date, the O.P. started giving lame excuse to the Complainant in favour of his delay and demanded additional seven days to make the replacement possible. But the O.P. failed to do so and started giving excuses after excuses for his inability to exchange the cot and promised to refund the money of the cot to the Complainant. The Complainant physically visited the shop of the O.P. number of times to meet with the O.P. and the O.P. went on giving false assurance to the Complainant regarding this matter. After getting no result, on 14/01/2021 (almost three months later) the Complainant met the O.P. at his shop and pressurized the O.P. either to exchange the cot or to refund the money immediately. The O.P. firmly assured the Complainant to refund the money next day i.e. 19/01/2021 and bring back the  cot from the house of the Complainant but finally he did not do so. When the Complainant phoned to the O.P. to inquire about this matter, he gave excuse to the Complainant that the carrying van was not available to bring the cot back and return the money to the Complainant. Again the O.P. kept himself in silence till the date of complain.

Hence, in this circumstances, the Complainant prayed for amount of Rs. 50,000/ (Rupees Fifty thousand only) along with harassment charge of Rs. 30,000/ (Thirty thousand only). The Complainant prayed for total value of Rs. 80,000/ (Eighty thousand only) from the O.P. i.e. from the owner of the Decora Furniture.

The O.P., the Proprietor of the Decora Furniture, did not contest the case. A notice was served upon the O.P. on 10/02/2021 but after receiving the notice the O.P. failed to appear and did not contest the case. Hence, the case do run by ex- party against the O.P.

The Complainant contested the case in person.

The documents filed by the Complainant are as follows

Annex 1  (1) Photographs of disputed cot.

Annex 2   (2) Cash Memo of Decora Furniture. 

Annex 3   (3) Proof of notice to the O.P.

Annex 4   (4) Track of the consignment.

Annex 5   (5) Letter to the O.P. by the Petitioner dated 22/01/2021.

The case is well established against the O.P. by the documentary evidence filed by the Complainant. The documents show that the cot was disputed, cracked and had some manufacturing defects and the complainant intimated this fact to the O.P. time to time but the O.P. neglected the matter and did not resolve the issue. It is crystal clear that the O.P. acted an unfair trade practice.

In view of the discussion made above, we have no hesitation to hold that the instant case is very well maintainable and as the said item was sold by the Decora Furniture, ‘Arati Complex’, M.G. Road, Dinbazar, Post & District- Jalpaiguri- 735101, thus the Proprietor of the Decora Furniture, ‘Arati Complex’, M.G. Road, Dinbazar, Post & District- Jalpaiguri- 735101 is liable to pay the compensation.    

               Accordingly the case succeeds against the O.P.

ORDERED

               That the case is allowed ex  party against the Opposite Party (O.P.).

               The Opposite Party (O.P.) is directed to pay the Complainant Rs. 50,000/- (Rupees Fifty thousand only).

               The Complainant is also entitled to get Rs. 5,000/ (Five thousand only) as cost of harassment from the Opposite Party (O.P.). The Opposite Party (O.P.) is also directed to pay Rs. 5,000/ (Five thousand only) to the Consumer Legal Aid Account, DCDRC, Jalpaiguri, as compensation.

               The Opposite Party (O.P.) is directed to issue cheques within a period of sixty days (60 days) from this date. These cheque amounts do not carry interest. However, nonpayment of the cheque  amounts within the stipulated period of sixty days (60 days) from this day, the same would carry interest @ 6% per annum to be calculated from the date of filing of the case i.e. 01/02/2021 till realization.  In default of payment of the awarded amount within the stipulated period as stated above, the petitioner would be at liberty to execute the same as per law. The O.P. has liberty to get back the defected cot from the Complainant at his own cost. 

               Let a copy of this judgment be given to the party free of cost.