In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.58/2012
1) Subhasis Bhattacharya,
26/1C, Sashibhusan Dey Street,
Kolkata-12, P.S. Muchipara. ---------- Complainant
---Versus---
1) Zeiss,
GKB Optolab Pvt. Ltd.
57/1, Park Street, P.S. Park Street.
2) Koyal Banerjee,
Zeiss,
GKB Optolab Pvt. Ltd.
57/1, Park Street, P.S. Park Street.
3) Ghazai Amini (Optometrist),
GKB Optolab Pvt. Ltd.
C/o. L.V. Prasad Eye Institute,
V. Prasad Marg, Banjara Hills, Hyderabad-500034.
4) Dr. Mukesh Taneja (Optometrist), DNB,
L.V. Prasad Eye Institute,
V. Prasad Marg, Banjara Hills, Hyderabad-500034. ---------- Opposite Parties.
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 11 Dated 22-03-2013.
The case of the complainant in short is that complainant had been to Hyderabad to get his eyes examined by doctors at L.V. Eye Institute, Hyderabad on 26.2.10 at Special Clinic. After completion of eye examination, the complainant asked the attending doctor for the prescription and the attending doctor Mukesh Taneja told him to go to GKB Opto Lab Pvt. Ltd. situated on the ground floor of L.V. Prasad Eye Institute building, Hyderabad to collect prescription and to consult with the optician regarding choice of lens whether progressive or bifocal whichever lens suits the complainant. Complainant went to GKB Opto Lab Pvt. Ltd., Hyderabad according to the direction of the doctor Taneja and after a detailed discussion touching upon all aspects involved in this regard, the attending opticians at GKB Opto Lab Pvt. Ltd. suggested complainant to place an order for progressive lens, since as he opined that only such lens would suit him best and complainant shall have very clear vision if he uses such lens.
The complainant placed an order for progressive lens worth of Rs.12,490/- as the complainant has been suffering from shortsightedness and he has low vision in both of his eyes. The attending opticians at GKB Hyderabad also told the complainant that cost of the frame is Rs.1000/- and cost of the lens is Rs.11,490/-.
The complainant made an instant payment of Rs.2000/- to GKB Opto Lab Pvt. Ltd. Hyderabad as an advance amount as the complainant was not in a position to pay more and the attending optometrist told the complainant that the complainant could take deliver of the spectacles from their branch office situated at 57/1, Park Street, Kolkata-16 by paying rest of the amount.
On 17.3.10 the complainant took delivery of the spectacles, which was said to be progressive lens on payment of rest of the amount of Rs.10,490/- in cash on the spot at Zaiss Showroom at 57/1, Park Street, Kolkata vide invoice no.930322010795 dt.17.3.10. The spectacle was found to be defective and did not satisfy complainant’s need at all, since the near vision with the spectacles on was blurred and the complainant was unable to read, write or to see near objects.
Complainant reported o.ps. office at Park Street branch about his inconvenience and the staff over there asked the complainant to deposit the spectacles with an assurance that the spectacles would be sent back to Hyderabad for necessary repair work and then on receipt of the same the complainant would be delivered his spectacles.
After a gap of five months the complainant was told by the staff of the Park Street Branch that complainant would delivered a bifocal lens at an identical cost of Rs.12,490/- and complainant was also told that they have not replaced the frame of earlier spectacles (progressive lens) worth Rs.1000/-.
The optician did not think it necessary to ask the complainant for his consent before making the spectacles with bifocal lens worth Rs.12,490/-.
The complainant has left no stone unturned to settle the dispute, but o.ps. did not pay any heed to the complainant’s request. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. did not contest this case by filing w/v and matter was heard ex parte against them.
Decision with reasons:
