West Bengal

South 24 Parganas

CC/38/2016

Shib Shankar Halder. - Complainant(s)

Versus

1. The Regional Manager, Samsung India Electronics Pvt. Ltd. - Opp.Party(s)

29 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _38_ OF ___2016_

 

DATE OF FILING : 4.5.2016                       DATE OF PASSING JUDGEMENT:  29/8/2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu 

                                                                             

COMPLAINANT        :    Shib Sankar HalderVivekananda Nagar, P.O & P.S Sonarpur, Kolkata-150.

•  VERSUS  -

 

O.P/O.Ps                            :   1.  Techtronics Ex lusive Samsung Servie Centre, 99, Ramkrishna Nagar, Kolkata – 153. P.S Sonarpur.

                                              2.     Khosla Electronics Pvt. Ltd. 110, Raja S.C. Mullick Road, Kolkata-47.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Udayan Mukhopadhyay, President

The short case of the complainant is that he has purchased a new Samsung Inverted AC from the O.P-2 on 8.,3.2014 and he wanted to replace the circuit board due to short-circuit within one year. He has stated that he has been compelled to purchase another new circuit board due to some problem in the next year. But thereafter Engineer informed him that AC machine is not working due to problem of compressor. Thereafter, O.P was agreed to solve the problem and Engineer told him within 4-5 days the said problem will be solved. But the Service Centre did not intimate anything. So, he is suffering a great loss in extreme summer. Accordingly complainant wanted to get relief as per Law of C.P Act and prays for refund of money of Rs.45000/-, compensation Rs.22000/- and cost Rs.7000/-.

It appears from the order sheet that summon was served and a date was fixed for filing written version but inspite of fixing date the O.P is reluctant to attend this Bench ,that is why, case is fixed for in exparte.

Point for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps or not.

                                                            Decision with reasons

It appears from the money receipts that the complainant purchased one Samsung at a price of Rs.45000/- and it appears from the service centre receipt dated 18.4.2014 that some parts were repaired and complainant has to pay Rs.3020/- for that purpose. Thereafter, complainant also contacted the Service Centre and also bear Rs.8264/- , Rs.281/- and Rs.7524/- etc. But no fruitful result comes out, that is why, complainant has filed this case and O.Ps did not appear.                                                                    

Non-appearance of the O.Ps after receipt of the summon which is appearing from the postal track report clearly suggests that the O.Ps are will aware regarding the defects of the said machine, that is why, they did not attend to contest the case.

So, on a moment scrutiny it can be said that the allegation of the complainant against the O.P uninterrogated and is not challenged by any evidence by the O.P ,that is why, the complainant has been able to prove his case in exparte which is totally unchallenged.

Accordingly, it is

                                                            Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in exparte.

All the O.Ps jointly and/or severally directed to pay Rs.45000/- to the complainant, of course, complainant has to hand over the AC machine to the O.Ps which he has purchased from the O.P-2, within 30 days from the date of this order, failing which O.Ps jointly and/or severally have to pay interest @10% p.a  on the purchased price on and from 8.3.2014 to till its realization.

The O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.,5000/- and litigation cost of Rs.2000/- to the complainant within the said stipulated period.

If the O.Ps failed to comply the above direction, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                    Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in exparte.

All the O.Ps jointly and/or severally directed to pay Rs.45000/- to the complainant, of course, complainant has to hand over the AC machine to the O.Ps which he has purchased from the O.P-2, within 30 days from the date of this order, failing which O.Ps jointly and/or severally have to pay interest @10% p.a  on the purchased price on and from 8.3.2014 to till its realization.

The O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.,5000/- and litigation cost of Rs.2000/- to the complainant within the said stipulated period.

If the O.Ps failed to comply the above direction, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President