In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 6/2013.
1) Dr. Anuka Ray,
61/1, Dhakuria Station Road,
Kolkata-31, P.S.Lake. ---------- Complainant
---Versus---
1) Anandamela,
G-9, Gariahat Market,
Kolkata-19, P.S. Gariahat. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 31-10-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant bought Shakers Chimney from the o.p. on 15.2.12 , Order No.22459, T. No.15 (annex-A & B) and it was installed on 22.2.12 (annex-C) at her place.
Almost from the beginning, it could not suck oil due to manufacturing defect. Motors are defective. From the left side one, oil is dripping and splashing, oil is spread and spluttering all over. The right motor is also very weak and ineffective. Complainant over phone informed the o.p. who instructed the complainant to contact Shakers and complainant did the same. O.p. gave the complainant a docket no. (GSH 89819 68806) and sent a man in early April (annex-D). But the problem remained the same. Complainant again phoned Anandamela and Shakers repeatedly and spent days of agony and intense worries. Shakers gave the complainant some docket numbers but nobody came at all. Till July they did not give the complainant any quarterly service either. Complainant is supposed to get four ‘Free Services’ in the first year. In August, one service was given, to no effect. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
Sole O.p. did not appear in the case and hence the case was fixed exparte as against o.p.
Decision with reasons:-
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed exparte with cost against the o.p. O.p. is directed to refund Rs.5700/- (Rupees five thousand seven hundred) only towards the amount paid by the complainant for the chimney and is further directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is directed to return the chimney in question, if lying with her, to the o.p. within 15 days from the date of realization of the awarded sum.
