DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. _52_ OF ___2017

DATE OF FILING : 25.04.2017                   DATE OF PASSING JUDGEMENT:  _17.5.2018_

Present                        :   President       :   Ananta Kumar Kapri

                                        Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT        :    Kamal Dutta, son of late Ananta Ranjan Dutta, Gajipur KP Road, P.O Rajpur, P.S Sonarpur, South 24-Parganas.

•  VERSUS  -

O.P/O.Ps                            :  1. M/s Great Eastern Appliances Pvt. Ltd. 2028, N.S Road, Narendrapur, P.S Sonarpur, South 24-Parganas.

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                                                            J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

     The epitome of the facts leading to the filing of the instant case by the complainant is that the complainant agreed to purchase one AC machine on 9.3.2017 form the O.P for a total consideration of Rs.36,800/-. Rs.6650/- was paid in cash by the complainant to the O.P and the balance amount of Rs.30,150/- was tobe paid in 10 monthly installments of Rs.3050/- each. The O.P also collected the signatures of the complainant in some blank forms. He also agreed to install the machine in the house of the complainant free of cost. But the O.P did not install the AC machine in terms of his agreement and ,therefore, the complainant has filed the instant case ,alleging deficiency in service on the part of the O.P, praying for refund of the cost of AC machine paid by him and also for compensation etc. Hence, this case.

     Admitting sale and EMI installments the O.P has filed written version of his statement ,wherein it is stated by him that the men of O.P went to the house of the complainant in 3^rd week of March, 2017 to install the AC machine in his house. A difference cropped up between the complainant and those men regarding installation and length of pipe of the AC machine, and ,therefore, those men came back from the house of the complainant. Thereafter, the complainant did not turn up and did not pay any installments to the O.P. There is no deficiency in service on the part of the O.P and the complaint should be dismissed in limini with cost.

     Upon the averments of the parties following points are formulated for consideration.

POINT FOR DETERMINATION

1. Is the O.P guilty of deficiency in service as alleged?
2. Is the complainant entitled to get relief or reliefs as prayed for ?

EVIDENCE OF THE PARTIES

The petition of complaint is treated as evidence of the complainant vide petition dated 21.11.2017. No evidence is filed by the O.P, no BNA is also filed by the parties.

DECISION WITH REASONS

Point no.1 & 2 :-

Already heard the submissions of Ld. Lawyers ,appearing for both the parties. Perused the complaint and the written version filed. Considered all these.

Admittedly, the AC machine was agreed to be sold to the complainant by the O.P and the O.P also received Rs.6650/- as part payment of the consideration price from the complainant. The complainant has filed one tax invoice and one “Free AC Standard Installation Coupon” which are marked by him as annexure 1. From the said coupon it is found that the same has been executed by the O.P . The O.P does not dispute the execution of these two documents. If the execution of these two documents are not denied, we find no difficulty to hold that these two documents are genuine documents and have genuinely been executed by the O.P . The “Standard Installation Coupon” which has been executed by the O.P goes to prove that the O.P agreed to install the AC machine in the house of the complainant free of cost. He will have to abide by the terms of the agreement. It is the obligation of the O.P to cause installation of the AC machine in the house of the complainant without having taken any kind of charge . But he has not done that thing. It is stated by the complainant that the men of the O.P demanded installation charge from him.

Be that as it may, it is found that the O.P has not acted in terms of the agreement reached between the parties and that he has not installed the AC machine following the terms of the agreement. Here lies the deficiency in service on the part of the O.P and for this kind of deficiency in service, the complainant has undergone a lot of suffering. Since 9.3.2017 till date no AC machine has been installed in the house of the complainant. One summer season has already gone away and another summer season is about to go away ; but the complainant has not got the cool air of the AC machine and this is due to deficiency in service and negligence of the O.P and O.P will have to compensate the complainant for this kind of loss and harassment suffered by the complainant.

On perusal of the written statement filed by the O.P, it is found that the O.P has been able to find out a fine escape route to evade his liability. According to the O.P, it is the manufacturing company who can install the machine free of cost and installation of the machine without taking any charge does never fall in the domain of him. Some rulings have been filed on behalf of the O.P. Those rulings show that the dealer is not liable when there is manufacturing defect in the machine. These rulings appear to have no application at all to this case. Here is no question of manufacturing deffect in the machine involved. The question herein is that whether non-installation of the machine in the house of the complainant by the O.P constitutes deficiency in service on the part of the O.P or not. We have already held that the O.P is guilty of deficiency in service for not installing the AC machine in the house of the complainant . He is liable to the complainant and order is passed accordingly as hereunder.

All the points are thus disposed of accordingly.

In the result, the case succeeds.

Hence,

                           ORDERED

That the complaint case be and the same is decreed on contest against the O.P with a cost of Rs.5000/- only to be paid to the complainant by the O.P.

The O.P is directed to install the AC machine as agreed upon by him in the house of the complainant without taking any charge from the complainant within 15 days from the date of this order and also to pay a sum of Rs.10,000/- as compensation for harassment and mental agony caused to the complainant by the O.P within that period as aforesaid, failing which, the O.P will have to refund the amount received by him from the complainant i.e Rs.6650/- along with enhanced amount of compensation Rs.20,000/- and litigation cost as referred to above with interest @10% p.a on the total amounts i.e 31,650/- from the date of default till realization thereof.

The payment of installments as laid down in the agreement reached between the parties will commence from the date of installation and all other terms of transaction including warranty service ,if any, will remain unchanged.

     Let a free copy of this order be supplied /sent to the parties concerned at once for taking necessary action.    

                                                                                                                   President

I / We agree

                               Member                                                    Member                                                                                                             

Dictated and corrected by me

                                                President