DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS, AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. 114 OF 2018
DATE OF FILING : 05.10.2018 DATE OF JUDGEMENT: 16.04.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : DHANANJOY ROY
46/2, Baghajatin Place,
P.O.- Baghajatin, P.S.- Patuli,
Kolkata – 700 086.
O.P/O.Ps : 1. SALES EMPORIUM (Show room),C/o - Shree
3652, Garia Main Road,
P.S. – Sonarpur, Kolkata – 700 084.
2. MILLENIUM SERVICE (Service center)
C/o – Ayasha Sultan,
17 No. Ray Bahadur Road (Near Behala Natundal Club),
P.S. – Behala, Kolkata – 700 034.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case may be reproduced in its narrow compass as follows.
The complainant purchased a brand new Kelvinator refrigerator from O.P. No. 1 in exchange of an old one on 12.03.2018 for a consideration price of Rs. 13,500/-. O.P. No. 2 is a service centre of the company ‘Kelvinator’. Within a few days of the purchase of the freeze, some problems raised their ugly heads. There was problem in cooling system coupled with gas leakage. O.P. No. 2 was informed by the complainant on 23.03.2018 and 27.08.2018. But, the freeze was not repaired and therefore the complainant has filed the instant case praying for refund of the price paid by him.
O.P. No. 1 has not turned up to contest the case in spite of service of notice upon it. O.P. No. 2 has filed written statement wherein it is mainly contended that they have no authority to refund the consideration price of the freeze and therefore they could not gratify the complainant.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Is there any deficiency in service as alleged on the part of the O.P.s?
- Is the complainant entitled to get relief or reliefs as prayed for?
Petition of complaint is treated as evidence of the complainant, vide
his petition dated 14.03.2019. No evidence whatsoever has been filed by the contesting O.P.s.
DECISION WITH REASONS
Already heard the submissions of Ld. Lawyer appearing for both the parties. Perused the petition of complainant, written statement and also the documents on record. Considered all this.
It also stands established on record that the freeze purchased by the complainant developed the problems of gas leakage. It is the version of the O.P. No. 2 that he can only repair the alleged problem, if so arises and if found out after due inspection by the authorized person. This averment of O.P. No. 2 clearly establishes that repair service has not been rendered by O.P. No. 2 to remove the defect of the freeze of the complainant. Default in rendering such services to the complainant within the period of warranty is a glaring instance of deficiency in service on the part of both the O.P.s and therefore the complainant is entitled to get relief or reliefs as prayed for.
During the fag-end of the argument, it has been submitted by the complainant himself that he is ready to pay extra amount of price to the O.P.s, if the O.P.s replace the defective freeze by a new one of his choice. At the same time, it has also been submitted by the complainant that he has undergone a lot of harassment and mental agony as the O.P.s have not rendered proper service to him and that be, therefore, compensated properly for harassment and mental agony sustained by him. Ld. Lawyer appearing for O.P. No. 2 has submitted that they are also ready and willing to replace the defective freeze of the complainant, provided the complainant pays the extra amount of price required for the new freeze. Their submissions are accepted as it appears to us that there are sum and substance in their submissions.
In the result, the case succeeds.
Hence,
ORDERED
That the complainant case be and the same is decreed on contest against O.P. No. 2 and decreed ex-parte against O.P. No. 1 with a cost of Rs. 2000/-.
The O.P.s are directed as follows :
- To replace the defective freeze of the complainant by a brand new one of the complainants’ choice and in that case, the complainant do pay the extra amount of price required in excess of the value of defective price i.e. Rs.13,500/- to the O.P.s.
- To pay a sum of Rs. 5000/- as compensation to complainant for harassment and mental agony caused to him by the O.P.s.
The orders as referred to above are to be complied with within a month of this order failing which the O.P.s will have to refund Rs. 13,500/- to the complainant along with the compensation amount and the cost amount with interest at the rate of 10% p.a. till full realization thereof.
Registrar-In-Charge of this Forum is directed to deliver a copy of the judgment free of cost to the parties concerned.
I / We agree
Member President
Dictated and corrected by me
President
