20....21.03.2022...
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
That the complaint be and the same is hereby allowed exparte against the O.P. with cost of Rs.2,000/-.
That the O.P. is directed to refund Rs.9,400/- along with interest @8% p.a. w.e.f. 17.05.2019 till full realization within 60 days from the date of this order.
Complainant is also directed to return the damaged tiers upon realization of Rs.9,400/- along with interest @ 8% p.a.
The O.P. is also directed to pay compensation of Rs. 5,000/- for mental agony and harassment caused to complainant, within 60 days from the date of this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in.
cc no.216 of 2019
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 216 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
26.12.2019 10.01.2020 21.03.2022
Present : President-in-Charge : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : Binoy Patra, Son of Daniel Patra
residing at Samastapur, P.O. – Malancha Mahinagar, P.S. – Sonarpur, , District- South
24-parganas, Pin – 700 145
Versus
O.P/O.Ps :1. Tyre Hut (Shop)
At Kamalgazi, Near Sagar Gramin Bank, P.O.
– Narendrapur, Kolkata – 700 103
Smt. Sangita Paul, Member
This is a case filed by Shri Bijoy Patra with a direction to the OP to change and replace 3 years with approved good quality of tires or to refund the money to the tune of Rs.9400/- with interest and to pay a sum of Rs.50,000/- to the complainant for mental harassment and humiliation faced by complainant.
The sole Opposite Party is Tyre Hut. The shop is represented by authorized signatory. The said showroom is situated at Kamalgazi, near Sagar Gramin Bank, P.O. – Narendrapur, Kolkata – 700 103.
Complainant by filing this case states that he is deprived by the OP, Tyre Hut. Complainant, Mr. Binay Patra states that he approached the opposite party in order to purchase 3 set of tires. He wanted to purchase those tires for his four wheeler. The date of purchase was 17.05.2019. As he approached, the OP showed him a brand of tires. The OP assured complainant that those tires would be usable or functional for more than three years. The OP also informed that the guaranty / warranty period of those tires was 3 years. The OP also put forth a condition. The condition was that the opposite party would not change or replace those tires in case of any accident caused by the negligence of any driver. If it is not so then the opposite party would take the responsibility. If the tiers are not damaged by any accident, then the complainant would question about the durability of the tiers. Believing in the words of the staff of the OP, complainant purchased 3 tiers on good faith. The representation of the staff was very attractive. Complainant bought the tiers and paid a total sum of Rs.9400/- only. A receipt has been issued in favour of complainant. As complainant demanded, the staff of the OP handed over a warranty / guaranty certificate to complainant and the OP assured that they would take the responsibility if any disturbance occurs. The period of warranty / guaranty is 3 years. The OPs informed that if any problem occurred, then the OP would take the responsibility on production of money receipt and warranty card. Complainant was satisfied with the transaction.
Complainant used those tiers in his vehicle vide No.WB19E7473. Complainant used those tiers only for three months. But after three months the condition became very bad, the tiers were in dilapidated condition without any accident. It was very risky to use those tiers in the said vehicle. Seeing the condition of the tiers, complainant approached the opposite party, but the opposite party refused to check those tiers and used filthy language. The Opposite Party refused to cooperate with the complainant.
Finding no other alternative, complainant approached the office of the Assistant Director of Consumer Affairs and Fair Business Practice, South 24 Parganas, the Regional Office of CA & FBP. A memo has been issued in this regard. The memo No. is 1097/EN/CASR dated 22.08.2019. The matter was intended to be settled through the process of mediation. The opposite party attended the meeting and assured that they would inform the matter to the appropriate authority. But they utterly failed to keep their promises and the problem of complainant was not solved due to the negligence of the opposite party. As a result, the complainant was deprived and harassed. He suffered mental agony.
That the cause of action arose on 17.05.2019 and it is still continuing and the residence of complainant is very well within the jurisdiction of the Ld. Commission.
Hence, complainant prays for directing the opposite party to change and replace the set of 3 tiers with approved good quality of tiers or to refund the money to the tune of Rs.9,400/- with interest and also directing the opposite party to pay a sum of Rs.50,000/- to complainant for mental harassment of humiliation faced by complainant.
Notice was sent to the O.P. and the opposite party appeared through Ld. Lawyer on 10.02.2020. O.P. prays for time for filing W/V. Again on 11.03.2020, Ld. Lawyer of the O.P. prays for time for filing W/V. On the successive dates, i.e. on 21.04.2020, 23.06.2020, 24.06.2020, 08.09.2020, the O.P. did not appear and filed W/V. Thus O.P. lost the chance for filing W/V. On 24.11.2020, the case proceeded exparte against the O.P. The O.P. did not take any step. Complainant was told to file original documents which will facilitate us to come to a right conclusion. Complainant filed original documents and we proceeded for giving judgement.
Before that the matter was placed before Consumer Affairs and Fair Business Practice. But the mediation failed. In spite of giving assurance, the O.P. failed to take any step.
Points of consideration
- Is the complainant a consumer?
- Is the O.P. guilty of deficiency of service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with Reasons
1. On perusal of records and documents, it is evident that complainant went to the shop of the opposite party, Tyre Hut, for buying 3 sets of tiers. He bought the tyres for his four wheeler vehicle on 17.05.2019. Complainant received tax invoice against payment of Rs.9,400/-. The actual price of the tyres is Rs.9,450/-. Complainant received a discount of Rs.50/- only. The description of the goods is as follows – 155165 R 14 GT 3r No.5018.No.5018 and No.5018. Price of the tier per unit is Rs.3150/- only. Rs.9450/- is the price of 3 tyres together. The tax invoice shows that complainant paid Rs.9400/- for 3 set of tiers. As complainant paid Rs.9400/-, he is a consumer so that first point is discussed that the complainant is a consumer.
2. Complainant bought the tires on 17.05.2019 from Tyre Hut. The said shop is the dealer of Good Year tiers. Complainant bought those tiers for his four wheeler. Complainant was told that the tiers would be usable for three years. Still complainant did not get any privilege. The vehicle of complainant did not meet with an accident. Still complainant had lots of problems. Complainant could not run his cars properly. The tiers were not in good condition. Complainant informed the O.P., but with no effect. The condition of the tiers was so bad that it was risky to run the cars. The opposite party agreed to replace the tiers, if there is any damage. At the time of purchase, the opposite party put forth some conditions. If complainant repaired the tiers, those tiers would not be replaced. Complainant did not repair the tiers. As soon as the problem was detected complainant informed the O.P. Complainant paid the consideration amount. It is the duty of the O.P. to replace the tiers, if the tiers are not working properly. At the time of purchase, complainant was given a paper along with warranty card. It was written over there that the complainant would receive worry free service. But the reality is somewhat different. Complainant did not get any service from the O.P. Rather the opposite party refused to replace the tiers. It was stated in the condition that if the cars were used in rally, the tiers would not be replaced. Complainant bought the tier for his car. The car was used by complainant on daily basis. Since complainant is deprived of getting service from the opposite party. The tiers were not stitched in the side wall area. Complainant did not violate any of the conditions put forth by the opposite party. Still complainant did not get adequate service from the opposite party. Hence, it is clear that the opposite party is guilty of deficiency in service and unfair trade practice. Because complainant did not get any return of the amount. Neither they rendered adequate service nor they refunded money.
3. Complainant is deprived by the opposite party. Complainant purchased the tiers on good faith, but he could not use the car properly. From the beginning, the tiers were giving problem. After some days the condition was so bad that it was not possible for complainant to use the car. Complainant spent Rs.9,400/- still he did not get any return. The opposite party is reluctant to provide service to the opposite party. They did not pay any heed to complainant’s request. Hence, complainant is entitled to get compensation as prayed for.
In the result, complaint succeeds.
Hence,
ORDERED
That the complaint be and the same is hereby allowed exparte against the O.P. with cost of Rs.2,000/-.
That the O.P. is directed to refund Rs.9,400/- along with interest @8% p.a. w.e.f. 17.05.2019 till full realization within 60 days from the date of this order.
Complainant is also directed to return the damaged tiers upon realization of Rs.9,400/- along with interest @ 8% p.a.
The O.P. is also directed to pay compensation of Rs. 5,000/- for mental agony and harassment caused to complainant, within 60 days from the date of this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in .
Dictated and corrected by me
Sangita Paul
Member
