Date of filing: 26.09.2016 Date of disposal: 12.02.2018
Complainant: Sripati Roy Gupta, S/o. Late Kalipada Roy Gupta, resident of Chotonilpur, PO: Sripally, PS. & District: Burdwan, PIN – 713 103.
Opposite Party: 1. “Anandamela”, represented by its Proprietor, having its office at Parkash Road More, G. T. road, PO., PS. & Dist: Burdwan, PIN – 713 101.
2. Jaipan Industries Ltd., represented by its Director, having its office at 17/1, Cama Industrial Estate, Walbhat Road, Goregaon East, Mumbai, 400 063.
3. Home Appliance Repair and Services, Jaipan Service Centre, represented by its Manager, having its office at 72, Canning Street, Kolkata, 700 001.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1: None (ex parte).
Appeared for the Opposite Party No. 2 & 3: Sumit Roy (ex parte).
J u d g e m e n t
This is a case u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops as the Ops did not repair the defective water heater nor replace the same.
The case of the complainant in short is that he purchased a Jaipan 10Ltrs storage water heater from the OP-1 on 21.11.2014 which cost Rs. 6,200=00 including VAT. He was also provided a tax invoice bearing No. 10831 and a bill bearing NO. 53 from the OP-1. Also, he had been provided a guarantee certificate by the Ops in respect of the said water heater.
The water heater started creating trouble after 4 or 5 months from the date of purchase. Naturally the complainant then contacted with the OP-1 and requested them to arrange necessary repairing. The OP-1 then provided contact number of the OP-3 and after the complainant had contacted them, they repaired the said water heater arriving at the house of the complainant on 27.6.2015. After functioning properly for 3-4 days, the water heater again started to trouble. The complainant again contacted with the OP-3 and they repaired it for the second time on 07.7.2015. Surprisingly, the water heater came to its non-functioning condition.
After that the complainant made contact with the OP-1 & 3 for several times requesting them either repair the water heater properly as the same was under guarantee period or replace the same. But neither the OP-1 nor the OP-3 had taken any step to repair or replace the water heater. Moreover, despite of several requests of the complainant, the OP-1&3 neither paid any heed to such request nor solved the dispute till date of filing the complainant.
Finding no other alternative the complainant filed this complaint with a prayer for directing the Ops either to replace the water heater y a new one or to pay Rs. 6,200=00 to the complainant by holding them liable for their conduct of deficiency in service and unfair trade practice, directing the Ops to pay a sum of Rs. 30,000=00 towards mental pain and agony and harassment and litigation cost of Rs. 20,000=00.
After admitting the complaint, notices were sent to the Ops. The notice upon the OP-1 was served properly and the notices upon OP-2&3 returned unserved with postal remark “not known in my beat”. Thereafter the case was fixed for ex parte against the OP-1 as the OP-1 did not file written version within the stipulated period. The complainant thereafter filed one Misc. Application for amendment of the address of the OP-2&3 and the same was allowed and the complainant filed amended complaint. The notices were served upon the OP-2&3 on the said amended address and they received the said notices. One ld. Advocate appears on 18.5.2017 and undertook to file vokalatnama and filed petition with a prayer for time to file written version. But thereafter the said ld. Advocate neither filed vokalatnama nor filed written version on behalf of the OP-2&3. Lastly on 23.06.2017 ld. Lawyer for the OP-2&3 filed vokalatnama and again prayed time for filing written version. But as the stipulated time for filing written version had been elapsed, so the case was fixed ex parte against the OP-2&3.
Decision with reasons:-
The complainant has filed this complaint against the Ops alleging deficiency in service and unfair trade practice as the Ops have neither replaced his defective storage water heater nor refund the money, though it was within the guarantee period.
In the petition of complaint the complainant has stated that the OP-3 repaired the water heater on 27.06.2015 and again on 07.07.2015in his house. But on perusal of the records it is found that the complainant has filed three documents at the time of filing of this complaint, i.e., (i) Photocopy of Tax Invoice dated 29.11.2014, (ii) Photocopy of Challan No. 53, dated 29.11.2014and (iii) a photocopy of Certificate of Guarantee. But as per complaint of the complainant no document is filed by the complainant to prove that the said water heater was not functioning properly and for that reason the OP-3 has repaired the same twice at his house. No ‘job card’ or ‘job sheet’ is filed by the complainant from where we can come to a conclusion that the said water heater was not functioning properly and for that reason the OP-3 came to his house and repaired the same twice. As the OP-3 is the service centre of Jaipan Industries Ltd., so if any repairing work is done by the said service centre, then there must be some documents regarding the said repairing work and the work has been done satisfactorily.
Therefore, in our opinion the complainant has failed to prove any deficiency in service or unfair trade practice by producing any cogent document from where this Forum can come to a conclusion that the Ops are liable to pay pack the price of the commodity or replace the commodity or compensation or any other reliefs. The complainant has failed to prove his complaint.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 170/2016 be and the same is dismissed ex parte against the Ops without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
