Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :08.02.2019
Date of Disposal of the case :07.12.2022
Final Order / Judgment dtd.07.12.2022
Complainant Subrata Paul files the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for award amounting to Rs.55,000.00(Rupees Fifty five thousand), interest for the period from date of purchase i.e. from 29.01.2018, cost of the suit amounting to Rs. 10,000.00(Rupees Ten thousand) and compensation amounting to Rs.50,000.00(Rupees Fifty thousand).
It is the allegation of the complainant that he had purchased one bed and mattress from OP No.1 on consideration of Rs.55,000.00(Rupees Fifty five thousand) but after two weeks he found defect in the product and subsequently brought the said fact to the notice of the opposite parties i.e. OP No.1-3 but they did not take any steps hence, he files this case.
In spite of receipt of the notice, OP No.3 not yet appeared in this commission. Case is running ex-parte against him.
OP No.1 & 2 filed written version before this commission and denied the entire allegations and further stated that there is no deficiency in service.
Trial
During trial complainant Subrata Paul filed affidavit in chief.
OP No. 1& 2 not yet produced any evidence i.e. affidavit in chief nor filed any documents.
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Documents
Following documents have been produced viz :
- Order slip issued by Garai Enterprise Co..........(One Sheet)........(Original)
- Document of Garai Enterprise Co...................(One sheet).............(Original)
- Warranty Book issued by Godrej Interio.........(Six sheets)........(Printed copy)
- Copy of correspondence through WhatsApp..........(Two sheets)...(Xerox)
- Copy of E-mail............(Five sheets)........(Xerox)
- Copy of correspondence through SMS..........(Three sheets)..........(Xerox)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument.
Argument
Ld. Adv. for the complainant argued before this commission that complainant purchased the aforesaid articles from OP No.1 &2 but within two weeks it was noticed that product was defective. He made several communications with the OP No.1 & 2 but they did not take any steps and lastly he compelled to file this case. He prayed for return of purchase money, compensation and cost of the suit.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid articles from OP No.1 &2 but within two weeks it was noticed that product was defective. He made several communications with the OP No.1 & 2 but they did not take any steps and lastly he compelled to file this case. He prayed for return of purchase money, compensation and cost of the suit.
On perusal of purchase bill dated 29.01.2018 we find that complainant purchased one Godrej Viva King Bed with Drawer valued at Rs.47,700.00(Rupees Forty seven thousand seven hundred) and also purchased Godrej Matress amounting to Rs.7,800.00(Rupees Seven thousand eight hundred). Complainant stated that he paid full amount as the value of aforesaid product. On perusal of delivery challan we find that aforesaid product has delivered in favour of the complainant on 10.02.2018. On perusal of warranty card we find that warranty period is one year. On perusal of Whatsapp communication we find that complainant made communication with the OP No.1 & 2 regarding defect of the product on different dates. On perusal of email communication we find that
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complainant made communication with OP No.1 & 2 on several dates starting from 28.06.2018. We find that by these communications complainant stated about the defects of the product. We have also gone through the reply of OP No.1. It has been alleged that in spite of the reply on the part of OP No.1defect of the product not yet been removed. On perusal of record we find the OP No.1 &2 filed the letter on 10.04.2019 addressed to this Commission. The contents of the said letter is mentioned below.
“Regarding the above mentioned subject and ref. We have already informed the customer through a mail for changing the defective part of the bed and if we found major defect then we will change the product within sixty days”.
On perusal of record we find that at the time of filling of this case, complainant filed opinion of one carpenter who used to prepare wooden furniture and sale the same at Nabadwip. Said carpenter in his opinion clearly mentioned the defect of the aforesaid disputed product. Complainant in his evidence clearly stated that he made communication with the OP No.1-3, they gave assurance but ultimately did not take any steps for removal of defects.
OP No.1 &2 filed W/V in this case but subsequently they did not take any steps in this case. Accordingly this Commission did not get any opportunity to hear the explanation of OP No.1 & 2. But we find from the contents of the letter of OP No.1 &2 dated 10.04.2019 that they are willing to replace the disputed articles if required.
Having considered the facts and circumstances of this case, evidence of records and documents on record we find that complainant has able to establish that the aforesaid products bears manufacturing defects. So necessary direction should be given to OP No.1-3 for replacement of aforesaid products. In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed on the context against OP No.1 & 2 and allowed ex-parte against the OP No.3 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP NO. 1 &2 in favour of the complainant.
OP No.1-3 jointly or severally are directed to replace the disputed products which were sold on 29.01.2018 and delivered on 10.02.2018 in favour of the complainant through OP No.1 within one month from this date failing which complainant shall have liberty to put this order into execution.
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OP No.1-3 jointly or severally are directed to pay Rs.3000.00(Rupees three thousand) to the complainant as compensation for his physical harassment and for her mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP NO.1-3 for compliance.
