DISTRICT CONSUMER DISPUTES REDRESSALCOMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 03 of  2023

 

Sri Rajesh Debnath,

S/O- Arun Chandra Debnath,

Dhaleswar Road No. 15,

Pin- 799007, Tripura,

P.O. Dhaleswar, P.S East Agartala,

District-West Tripura. .................Complainant.

 

-VERSUS-

 

1. The Authorized Signatory,

 

2. Ultra Fresh Modular Solution Pvt. Ltd.,

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

 

For  the  O.P. : Exparty.

 

 

 

F I N A L    O R D E R

1. Rajesh Debnath here-in-after called the complainant has filed the complaint alleging inter alia that he purchased a Modular Kitchen from the O.P. No.1 Sushanta Shil, the Authorized Signatory of Star Enterprise at Agartala who is the representative of O.P. No.2. But neither the O.P. No.1 nor the O.P. No.2 delivered the Modular Kitchen to the complainant. Hence, this complaint claiming a direction to the O.Ps to install the Modular kitchen  and pay appropriate compensation.

 

2. Summon was issued upon the O.P. No.1 but the summon returned with a report that the O.P. No.1 left the place and the mobile number of O.P. No.1 was found to be wrong. At this juncture the O.P. No.2 was added party vide order dated 26.04.2023. Summon was issued upon O.P. No.2 which the O.P. No.2 duly received as has been proved by postal receipt and track report but the O.P. No.2 has not appeared to contest the case. As such vide order dated 22.08.2023 the case has been proceeding exparte against the O.Ps.  

3. The complainant has submitted evidence on affidavit along with documents.

4. Hearing argument we find it that the complainant has submitted money receipt dated 01.07.2022 issued by O.P. No.1 for Rs.1000/-, money receipt dated 04.07.2022 issued by the O.P. No.1 for Rs.70,000/- and money receipt dated 02.09.2022 for Rs.59,000/-. Thus, in total the complainant paid to O.P. No.1 Rs.1,30,000/-. The account statement of the complainant also shows that this amount was debited from the Bank Account of the complainant in favour of the O.P. No.1. 

4.1 Meaning thereby the O.Ps have cheated the complainant for which there is not only been deficiency in service but the O.Ps have adopted unfair trade practice.  Hence, the O.Ps are jointly and severally liable to return Rs.1,30,000/- to the complainant.

5. In the result, we order that the O.Ps shall jointly and severally return Rs.1,30,000/- to the complainant along with  a further sum of Rs.1,20,000/- to the complainant as compensation, interest of the amount advanced and litigation cost within 30 days from today.

6. The case stands disposed off.

7. Supply 3 copies of the order to the complainant. The complainant shall deliver 1 copy  each to O.P. No.1 and O.P. No.2 by post for their compliance. 

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.