Order No. 2                                            Date : 16.06.2015.

          This is an application U/S 12 of the Consumer Protection Act, 1986 filed by the petitioner, Biswaranjan Mondal, praying for compensation for a sum of Rs. 50,000/- and also direction upon the o.ps., Godrej & Boyee Mfg. Co. Ltd., to return him the exchange value of Rs. 5,090/- and interest on the same.  This date was fixed for hearing the case on the point of admission and this Forum finds that sufficient court fee paid here and also the petitioner purchased the refrigerator from the o.ps. company on 09.12.2014 and thus the case is well within the period of limitation and the refrigerator was purchased from the o.p. no. 1 whose office is at Sankrail Industrial Park, Howrah, is well within the jurisdiction of this Forum as well as this Forum has financial jurisdiction to try the matter but regarding deficiency in service as well as unfair trade practice when the Forum scrutinizes the documents it is prima facie notice that as per statement of the petitioner the o.p. deducted a sum of  Rs. 5,090/- as per discussion with him and thus though the price of the refrigerator was Rs. 22,100/-  yet the complainant  had to pay only Rs. 21,510/- excluding the excess value of Rs. 5,090/- and Rs. 500/- deposited by him earlier. Thus there arises no cause of action which was nothing but misconception on the part of the petitioner as the Annexure ‘A’ shows that there was exchange value given to the petitioner amounting to Rs. 5,090/-.

          In view of above there is no deficiency in service or unfair trade practice on the part of the o.ps.      Therefore, the case is not admitted as not maintainable. 

          Hence,

                              ORDERED

That the C.C. no. 219 of 2015 be and the same is rejected.

Supply the copy of this order, as per rule.  

     Member.           Member.                              President.