DT. OF FILING : 06/11/2017
DT. OF JUDGEMENT : 27/08/2018
Mr. Ayan Sinha, Member
This is a complaint made by Sri. Ashim Kumar Das, 7, Park Avenue, Modern Park, Santoshpur, Kolkata-700075 against Titan Eye Plus, c/o., Titan Company Limited, 22, Camac Street, Block – B, 4th floor, Kolkata- 700016, West Bengal ( OP NO.1 ) and Kalyani Distributors, 200, Santoshpur Avenue, Kolkata- 700075, P.S. Survey Park ( OP NO.2 ) praying for directions upon Ops to Return Rs.3115 alongwith Interest @24%p.a. till the final payment / disposal of the matter and Compensation of Rs.1,00,000 for deficiency of service and harassment and Litigation costs.
Facts in Brief are that the complainant placed an order for a pair of Spectacles with OP No.2 against full payment of Rs. 3115. OP No. 2 being the dealer of OP No.1, generated Sales Order no. TKSA012029 mentioning the date of Delivery as 30/05/2017.
At the time of placing order on 24/05/2017, the complainant had to wait for 2 hrs in the shop of OP No.2 and due to system failure the receipt was generated at 9.30PM. The complainant visited the showroom upon receipt of a call on 28th May informing the spectacles were ready but after visiting the shop on same day the complainant was told it was a miscommunication and the same will be delivered next day. The complainant after receiving call again on 29th May visited the shop but the product was not traceable by the salesman till 30 mins after which it was traced but due to system failure the bill could not be generated. The complainant went back home and immediately a person called him to take delivery against which the complainant told he will speak to the Area Manager first and then decide.
The Area Manager called up to the complainant on 30/05/2017 from where the complainant noticed that the Area Manager is aware of the harassment. In this context , the complainant has mentioned that he was harassed earlier in July 2015 which was then resolved by the intervention of the Titan Kolkata area office. The complainant mentioned the Area Manager to write apology letter on company’s letter head for these continuous harassments which the Area Manager listened and did not revert back till 09/06/2017. The dealer i.e. OP no.2 called up complainant on 10/06/2017 for solving the matter but the complainant informed him that the matter has been filed with Consumer Affairs Dept on 06/06/2017 since he did not get any response from the Area Manager and the copy of the same has been forwarded to OP no.1 through email. On 29/06/2017, the Area Manager called up and both agreed to meet at a public place near Jadavpur and unfortunately made the complainant to wait for an hour by citing silly excuses. The complainant only wanted an ‘ Apology Letter’ to which the Area Manager did not agree.
As stated in the petition of complaint, a meeting was held at Baruipur Consumer Affairs Dept with OP and it was agreed to refund the amount and to issue an Unconditional Apology Letter on company’s letter head. The complainant also handed over a cancelled cheque for transferring the amount through NEFT in his account. The complainant received a ‘Future Service Guarantee’ letter from OP instead of ‘Apology Letter ‘ from OP and again the OP sought an advice for transferring the money which was already made clear on 08/08/2017. The matter was again reported to Baruipur Consumer Affairs Dept. Thus the complainant filed this case.
Notices were served upon OPS. OP No.1 contested this case by filing written version denied all allegations made against them. OP No.2 did not contest this.
OP No.1 in their written version, inter alia, stated that the complainant had placed an order on 24/05/2017 at around 9 PM for spectacles for his daughter Baby Snehaasree being item code: TR1038B1A1 for Rs.4095 and the net value after discount was Rs.3386. The showroom booked the order based on previous data base but the complainant requested to redeem some points available in his Loyalty Membership Card and the booking which was already generated had to be cancelled and rebooked after redemption of points for an amount of Rs.3115 where a normal procedural time was involved and denied the delay of two hours as alleged by the complainant.
OP No.1 stated that although the delivery date was given as 30/05/2017, the spectacles got ready by OP No.2 on 28 may which was informed to the complainant by a text message and a call from op no.2. OP No.1 denied the allegations of complainant that spectacles were not traceable and there was no system failure on 29 May when complainant visited the showroom of OP No.2. The complainant visited OP No. 2 without the original receipt and had shown a different order no. which was generated before redemption of his card points. The people from the showroom rendered all possible endeavour to track the spectacles in shortest possible time against a wrong order no provided by the complainant.
OP No.1 denied the allegations of waiting period of the complainant as alleged and also stated that OP No.2 informed the complainant that the system was running slow for which they regretted for slow bill generation. The Manager of OP No.2 offered personalised home delivery by himself but the complainant urged to get the same delivered by AM / RBM and went back without taking the spectacle. Op no.1 also mentioned in their written version that in the month of June 2017, OP No.2 called up and requested complainant to take the delivery of the spectacle or allow them to deliver at complainant’s address but the same were disregarded by the complainant.
Thereafter a meeting was held by Mr. Amit Das, Area Manager on 2nd July with the complainant at Jadavpur coffee House, Kolkata where the AM apologised for the delay and offered complainant Bouquet of flowers and a box of chocolates as a good gesture but the complainant neither accepted the same nor taken back the spectacles.
The complainant did not show any cooperation and to harass the OPs referred the matter to CAFBP,South 24 Paraganas where on 08/08/2017 and as agreed the complainant was awarded a refund of Rs. 3115/- against cancellation of order within two days after visiting the shop of OP No.2 and the complainant shall be credited only after signing the closure documents of the matter and thereafter the complainant did not turn up and several calls were made and letter were sent to him asking for his visit to showroom and how he wants to get the refund by cash / cheque for compliance of the CAFBP’s order. Upon no response from complainant, the OP No.2 informed CAFBP regarding this.
OP No.1 stated that complainant has filed this case for harassment to OPs by labelling false allegations and so prayed for dismissal of this case by exemplary costs.
Complainant has filed Affidavit In Chief where he has reiterated the facts as mentioned in the complaint petition to which OP no.1 filed Questionnaire against which Complainant filed Affidavit in Reply. Similarly OP no.1 filed Evidence to which complainant filed Questionnaire against which OP no.1 filed Affidavit in Reply.
Heard Both sides. Op no.1 has also filed BNA.
Main Point For Determination is to
- Whether the complainant is a consumer
- Whether there was any deficiency of service on the part of Ops
- Whether the complainant is entitled to the reliefs as prayed for
Decision with Reasons
Point no (i)
On perusal of the Advance Receipt no.AKU0009813 DT.24/05/2017 issued by OP 2 alongwith a seal of OP no.1, it reveals that the complainant booked a pair of spectacles for her daughter for Rs. 3386 and after adjusting the Loyalty points amounting to Rs. 271 the final amount of Rs.3115 was paid by the complainant through his SBI credit card. It also appears a hand written delivery date mentioned as 30/05/2017. In this regard the complainant has also filed the original for the same.
So there is no dispute that the complainant is a consumer.
As such point no. (i) answered accordingly.
Point (ii) & (iii)
On perusal of the copy of advance receipt filed in records, it appears that the delivery date for the pair of spectacles was on 30/05/2017. The complainant has also filed original for the same. This is admitted by op no.1 in their written version that the complainant visited the showroom on 29/05/2017 for the delivery of spectacles as informed by op no.2 to the complainant on 28/05/2017 that the same is ready for delivery. The complainant had to wait there for taking delivery on 29/05/2017. Op no.1 also admitted in their written version that their computer system was running slow which they apologised for slow generating bill and complainant has shown a wrong order no. for which it took time also and the complainant went back without taking the spectacles. We have perused the advance receipt no. AKUOOO9813 DT. 24/05/2017 issued by op no.2 and no where the booking order no even after redemption of points is mentioned. It is only sent through messages by the ops in his mobile. It is also a fact that a booking order was generated and thereafter as per the request of the complainant for redemption of points, the earlier order was cancelled and again new booking order was generated. Op no.1 has stated the same in their argument also that first booking no was TKSA012029 which was later cancelled and thereafter TKSA012031 was generated on 24/05/2017. Now the fact remains instead of blaming the complainant for not producing the correct order no, why they have not mentioned the final order booking no.in the abovesaid advance receipt while receiving the full advance money from the complainant. This could have avoided the problem and the spectacles could have been easily tracked without any harassment. Secondly, it is also mentioned by op no.1 in their written version that they have a database of previous records from where some points have been accumulated and this is definitely for earlier purchase. So it can be well considered also when same customer comes to take the delivery, the system itself will show the records and moreover the complainant’s mobile no. is also registered in their system for which he got text messages from ops on 28/05/2017. Therefore the question of not showing the order no for which the complainant had to wait does not arise .
We have also perused other documents in file where ops have again regretted and tried to satisfy the complainant by way of offering flowers and chocolates along with the delivery of spectacles which the complainant have refused and only demanded for apology letter from Area Manager / RBM which is not at all mentioned in the prayer portion of the petition of complaint.
Both sides have mentioned after approaching CAFBP, South 24 Pgs, an order was passed on 08/08/2017 for refunding the money to the complainant but the said order copy is neither submitted by complainant nor by ops. The complainant could have filed the said document dt.08/08/2017 issued by CAFBP, South 24 Pgs. On perusal of the copy of letter dt. 16/08/2017 filed by op no.1 it reveals that have already informed to CAFBP that the complainant has not turned up to take back his money as per their order and the said letter is also acknowledged by CAFBP but then why the letter dtd. 08/08/2017 is not being filed during the pendency of the case from where the actual contents can be ascertained.
Taking all facts and circumstances , we hold there is a part deficiency of service on part of the ops and complainant is entitled to the reliefs.
The complainant has also prayed for Rs.1,00,000/- as compensation for deficiency of service / harassment which is exaggerated and not justified also since there are latches on part of the complainant also for not presenting the original receipt at the time of taking the delivery.
In our view if a direction be given upon ops to refund Rs. 3115/- alongwith interest to the Complainant justice would be served.
We are not inclined to pass any order to cost for compensation and litigation.
HENCE ORDERED,
CC/627/2017 and the same is allowed on contest against OP NO.1 and Ex-parte against OP no.2.
The Ops are directed to refund Rs.3115/- alongwith interest @7% p.a. from the date of filing this case within 15 days at Complainant’s address itself.
The complainant is also directed to handover the said Advance receipt No.AKU0009813 dt.24.5.2017 to the OPs after receiving the amount.
