PROPRIETOR OF RELIABLE FURNISHERS Vs. SABITA GANGULY

JUDGEMENT

(1.) This appeal has been directed against the judgment passed by the Ld. District Forum, Kolkata, Unit-I, on 31.08.2009, in its case no-350/2008, wherein the Forum below allowing the complaint on contest with cost of Rs.1000/- has directed the OP to refund a sum of Rs.16450/- to the Complainant along with an interest @10% p.a. from 30.06.2008 and the OP was further directed to pay an amount of Rs.2000/- towards compensation and further direction was given to pay the decreetal amount within one month from the date of receipt of the judgment, failing which the amount would carry interest @12% p.a. till full realization.

(2.) The brief facts of the case of the Complainant before the Forum below were that on 01.10.2005 the Complainant paid an advance of Rs.2000/- to the OP to buy three pieces American Sofa with a centre table out of total consideration money of Rs.27,500/- and the delivery date was 05.11.2005. But on that day the products were not ready to be delivered and on verbal assurance of delivering of the same within a short period, the Complainant paid a further amount of Rs.10,000/- to the OP as a part payment of the total consideration money of Rs.27,500/-.

(3.) The Complainant also purchased one Zuari brand dressing table of Rs.4,450/-by making the full payment in cash, although according to her statement she paid Rs.5000/- for the same. The OP is the dealer of the same brand furniture, the Complainant had to make the full payment of Rs.4,450/- including the VAT amount for the dressing table on the assurance of the OP that the products namely three pieces of sofa set, centre table and Zuari brand dressing table would be delivered very soon after contacting her over her mobile phone which was given by the Complainant on the very first day. But the delivery did not take place on several persuasions by the Complainant. She visited a number of times to the showroom of the OP, but the OP. did not make the delivery Ultimately, the Complainant lost her interest and asked for the refund of the total advance amount of Rs.17,000/- on the contrary Rs.16,450/-. The OP assured her to refund the same. But nothing was paid. Thereafter the Complainant lodged the G.D. entry with Gariahat Police Station on 25.10.2007, but no fruitful result has come out. After that the Complainant wrote a letter to the Assistant Director, CA&FBP, Kolkata. The OP was called for there, but the son of the proprietor informed the concerned officer that they would not refund the advance money and on suggestion of the Directorate of CA&FBP, the Complainant filed the complaint before the Forum below praying for direction upon the OP to refund her a sum of Rs.17,000/-along with compensation of Rs.6000/- and litigation cost.