C.F. CASE No. : CC/11/42
COMPLAINANT : Gopal Chandra Ghosh
Itla, Kalirhat,
Nadia – 741184
OPPOSITE PARTY/OP : TVS COCO, M. M. Ghosh Road
Mallick Market, M. M. Ghosh Road
Krishnagar, Nadia, Pin 741101
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 10th June, 2011
: J U D G M E N T :
In brief, the case of the complainant is that on 18.10.10 he purchased a V-data Card (Tata Photon Whiz) from the OP No. 1 at a price of Rs. 1399/-. At that time OP did not issue any cash memo which was issued in his favour subsequently. It is his specific case that from the very beginning he could not use the material and did not work in Linux operating system. So he immediately met the OP with a request to remove the defect, but to no effect. Rather the OP asked him to contact with the customer care of the original Co. So he contacted with the original Co. and customer care who asked to get the V-data Card from the OP. He again met the OP with a request to change the V-data Card, but to no effect. After 06.11.10 he deposited total V-data Card before the OP who assured that it would be replaced within 7 days. After 7 days, he met the OP who declined to replace it. So having no other alternative, he has filed this case praying for the reliefs as stated in the petition of complaint.
Notice was duly issued and served upon the OP, who refused to receive the notice as per report of the process server of this Forum dtd. 27.05.11. Even none appeared before the Forum on behalf of the OP to contest this case. So it was fixed for exparte hearing.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
In this case, no oral evidence is adduced from the side of the complainant. He has filed some documents in support of his contention. From the annexed document it is available that on 18.10.10 he purchased one V-data Card (Huawai 121 Model Tata Photon Whiz Kit) from the OP at a price of Rs. 1399/-. It is his further case also that since inception that V-data card was not working properly due to which he met the OP for replacement of the same. From another documents it is available that on 06.11.10 the OP received the article from him with the observation (received regarding replacement). But the complainant’s case is that he requested the OP for replacement of the same time and again, but to no effect. We have already discussed that the OP has not contested this case by filing any written version.
So considering the facts of this case along with the annexed documents we find that admittedly the complainant purchased the V-data card from the OP on 18.10.10 at a price of Rs. 1399/-. He again paid Rs. 100/- to the OP on the selfsame date.
In view of the above discussions, our considered view is that as the material was defective so it should be replaced by the OP, but the OP did not replace the same which is a gross deficiency in service and unfair trade practice on the part of the OP. As the complainant has become able to prove his case, so he is entitled to get the relief as prayed for. In result the case succeeds.
Hence,
Ordered,
That the case, CC/11/42 be and the same is decreed exparte against the OP. The complainant is entitled to get Rs. 1,499/- from the OP as price of the V-data Card + Rs. 2,000/- as compensation for casing mental harassment along with Rs. 1,000/- as litigation cost, i.e., in total Rs. 4,499/-. The OP is directed to make payment of the decretal amount to the complainant within a period of one month since this date of passing this judgment, in default, the decretal amount will carry interest @10% per annum since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
