Ld. Advocate(s)
For Complainant: Subhasis Roy
For OP/OPs : None
Date of filing of the case :09.10.2017
Date of Disposal of the case :16.03.2023
(2)
Final Order / Judgment dtd.16.03.2023
Complainant Narayan Chandra Das filed the present complainant against the aforesaid opposite party under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for replacement of defective product with new similar description which shall be free from any defect or for suitable repairing of the product, cost of the case and compensation amounting to Rs. 30,000.00(Rupees Thirty thousand) and cost of the case amounting to Rs.5,000.00 (Rupees Five thousand).
It is the allegation of the complainant that he had purchased one Revolving Dresser and one Wardrobe –four door from the OP on consideration of Rs.27,500.00(Rupees Twenty seven thousand five hundred) but after purchasing these two materials he started to use the same for keeping wearing apparels. After few months complainant noticed that the aforesaid materials were damaged as the wall of Wardrobe as well as revolving dresser were damaged by moisture and in fact character of the wooden material was changed. Complainant informed the matter to the OP who came and tried to repair the damaged portion of the wooden wall of both revolving dresser as well as Wardrobe by using some liquid oil polish but of no effect. OP sold those two furniture to the complainant by giving assurance that company launched those products which are far better in quality than the common wooden furniture. Complainant felt that OP observed unfair trade practice by giving substandard materials just to sale their commodity. Due to the aforesaid unfair trade practice complainant sustained loss of Rs.20,000.00 (Rupees Twenty thousand).
OP appeared in this record and filed W/V denying all the material allegations contending inter-alia that there is no deficiency in service on their part. Complainant received the product in good condition without raising any protest and only after using the articles or around one year, all on a sudden woke up and raised this complaint. OP never agreed to replace the defective parts of the article. He prays for dismissal of the case.
Trial
During trial complainant Narayan Chandra Das not yet filed affidavit in chief. On perusal of order no.20 dated 11.11.2019, we find that complainant by filing a petition stated not to adduce any evidence. He also filed certain documents.
OP filed affidavit in chief on 15.02.2019 but no documents have been filed on his behalf.
(3)
Documents
Following documents have been produced from the side of complainant:
- Original copy of Money Receipt issued by Mobel India Pvt. Ltd. dtd.02.02.2017 amounting to Rs.27250/-.......(One sheet).
- Carbon copy of Order Booking Form dtd.02.02.2017.......(One sheet).
Brief Notes of argument.
Complainant in support of his case not yet filed Brief Notes of Argument. OP filed Brief Notes of Argument.
Argument
Complainant argued before this commission that he purchased the aforesaid articles from the OP but within few months it was noticed that products were defective. He made several communications with the OP but OP did not take any steps and lastly he compelled to file this case. He prayed for replacement of the article and other reliefs.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid articles from OP but within few months it was noticed that products were defective. He made several communications with the OP but OP did not take any steps. He prayed for replacement of the article and other reliefs.
On perusal of purchase bill dated 02.02.2017 we find that complainant purchased one Revolving Dresser amounting to Rs.8,580.00 and also purchased one Wardrobe (Four-Door) amounting to Rs.18,420.00.
On perusal of copy of e-mail, we find that complainant lodged the complaint to the OP on 04.09.2017 alleging defect of the product.
Complainant failed to produce any warranty card in respect of aforesaid products. In absence of any such documents it is difficult to ascertain whether any warranty was given to the complainant or not relating to aforesaid products.
In the present case complainant did not file any affidavit in chief. Even he did not file any separate BNA.
OP filed a decision reported in 2011 (3) CPR 23 (NC). On perusal of the said decision, we find that Hon’ble N.C.D.R.C. held that pleadings cannot be held as evidence and in absence of any evidence in support of case set up, certificate produced by petitioner from Hospital is of no help to petitioner because petitioner took no steps to prove the same- production of a document is different from prove of the same.
(4)
On perusal of another decision filed by OP reported in 2017 (1) CPR 295 (SC) we find that Hon’ble Supreme Court held that no compensation can be awarded where complainant has not suffered any loss.
On perusal of another decision filed by OP reported in 2019 (1) CPR 276(NC) we find that Hon’ble National Commission held that onus to prove negligence will always be on person who makes such an allegation.
OP in his BNA also mentioned some other decisions but he did not produce the same before this Commission. Accordingly, we are unable to consider the same.
We have stated earlier that complainant failed to produce any warranty card relating to aforesaid products. Even they failed to produce any opinion of any expert relating to aforesaid furniture in support of the fact that aforesaid product contained manufacturing defect.
Having regard to aforesaid discussion we are of the opinion that complainant has failed to prove any deficiency in service on the part of the OP.
Having considered the facts and circumstances of this case, evidence on record and documents on record we find that complainant has failed to establish that the aforesaid products bears manufacturing defect.
. In the result present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed on the contest against the OP but without any order as to costs.
Let a copy of this order be supplied to the complainant and OP as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
