Hon’ble Sri Ajeya Matilal, Presiding Member
Both sides are present through their respective Ld. Counsels.
Today is fixed for final hearing of the appeal.
The appeal is taken up for hearing.
Being aggrieved by and dissatisfied with the judgment dated 25.09.2019 passed by the Ld. DCDRC, Kolkata Unit—I (North), dismissing the Complaint Case being no. 279/2018, the Appellant/Complainant preferred this appeal.
Heard the submission of the Ld. Counsels for both sides and perused the impugned judgment along with the record.
The Ld. Commission below came to the conclusion that the technician concerned made proper service in respect of the four head Hob top burner. It transpired from the Ld. Advocates for both sides that the OP took the burner for the purpose of repair. It was replaced by a two head burner. It is further submitted by the Appellant that she is not satisfied with the said two head burner as it has some defects.
In the complaint made in the District level, the Appellant/Complainant prayed for refund of the consideration money along with cost and compensation.
The fact remains that the two head burner is now in possession of the Appellant.
We are of considered view that necessary direction need be given to the Respondent/OP to hand over a new four head burner of same standard at their own initiation and the Appellant should return the two head burner which is already in her possession, on receipt of the same.
Hence, it is,
O R D E R E D
That the appeal being no. 868/2019 be and same is allowed on contest. The Respondent is directed to replace the four head Hobtop burner by a new one of same standard at their own initiation and the Appellant is also directed to return the two head burner on receipt of the same. The Respondent is directed to pay Rs. 500/-(Rupees Five Hundred) only to the Appellant towards litigation. This order is to be complied within a period of 14 days from this order.
Let a copy of this order be sent to the parties free of cost.
Appeal being no. 868/2019 is disposed of.
Note accordingly.
