DATE OF FILING : 22-09-2010.
DATE OF FINAL ORDER : 15-12-2010.
Sanjib Dutta,
Son of Late Ramesh Chand Dutta,
Residing at 27/4/1, Baishnav Para Lane, P. S. Shibpur,
District –Howrah COMPLAINANT.
Versus -
Ashok Laha,
M/S. Shibpur Radio Service
Of 31, Shibpur Road, P.S. Shibpur,
Howrah – 711102. OPPOSITE PARTY.
P R E S E N T
1. Honble Member : Dr. Dilip Kr. Chakraborty.
2. Honble Member : Smt. Samiksha Bhattacharya.
C O U N S E L
Representatives for the complainant : Shri P.K. Banerjee,
Shri S.L. Mukherjee,
Shri Arun Kr. Das,
Ld. Advocates.
Representatives for the opposite party : Shri Birendranath Kush,
Smt. Tora Ganguly,
Shri Abhijit Kundu,
Ld. Advocate.
F I N A L O R D E R
This is to consider an application U/S 12 of the C.P. Act, 1986 filed by one Sanjib Dutta , resident of 27/4/1, Baishnav Para Lane, P. S. Shibpur, District – Howrah, alleging deficiency in service against the o.p.
The case of the complainant is that he purchased one 16 inch Cinni Pedestal Electric Fan for a sum of Rs. 2,550/- on 28-04-2010 from o.p., M/s. Shibpur Radio Service . That all on a sudden at night on 21.05-2010 at 12 p.m. the said fan was broken and fallen down just the side of the complainants head and as such complainant sustained injury. The electric fan was totally broken and damaged and for that reason the complainant returned the said fan to the O.P. for repairing. The O.P. promised to the complainant that he will repair the electric fan and / or replace the fan by a new one within a very short time. After that the complainant requested several times but the O.P. did not pay any heed. The complainant suffered irreparable loss and injury both mental and physical for this deficiency in service on the part of the O.P. Complainant prayed for a direction upon the O.P. for replacement of electric fan and / or repairing the damaged fan with cost and compensation. Hence the application.
The opposite party filed a written version denying all allegations made in the complaint. All these allegations are nothing but cleaver ruse on the part of the complainant to achieve some wrongful gain by hoodwinking this Ld. Forum. It is pertinent to mention here that this answering O.P. is none but an agent of the company which manufactured the fan in order to sell the product. The O.P. has no responsibility whatsoever regarding the damage caused, if any, to the complainant for the materials supplied by the company. Moreover, the alleged accident may be caused because of the defect in the installation of the electric fan in the house of the complainant. The manufacturing defect of the fan cannot be in any way concluded in the purview of such an alleged incident. Further more the instant case is liable to be rejected in view of the fact that the company which manufactured the fan has not been made party to the instant proceeding. Therefore, the opposite party prayed for dismissal of the complaint with exemplary cost.
Points for determination are that (i) whether the complaint is bad for non joinder of necessary parties. (ii) Whether the o.p. has deficiency in service in respect of alleged complaint. and whether the complainant is entitled to get an order in terms of Section 14 of the C.P. Act, 1986 .
DECISION WITH REASONS :
All the points are taken up together for the sake of convenience of discussion and for brevity.
Admittedly the complainant purchased one 16 inch Cinni Pedestal Electric Fan for a sum of Rs. 2,550/- on 28-04-2010 from o.p., M/s. Shibpur Radio Service. Admittedly the aforesaid fan was broken and damaged. After that complainant brought the aforesaid fan to the O.P. shop room. The opposite party received the damaged fan on 22-06-2010 which is evident from the back side of the original money receipt showing the endorsement made by the O.P. In the written version of the O.P. there is no denial.
The O.P. stated in his argument that the fan manufactured by the company and repaired etc. should be done by the company and there is no responsibility of seller i.e., O.P. and also argued that the complainant has not made party to the manufacturing company.
The fan was purchased by the complainant from the O.P. The transaction was made between complainant and opposite party, the seller. After damage the O.P. received the aforesaid fan from the complainant. So the question of misjoinder of manufacturing company does not arise as the damaged fan was received by the O.P. So the responsibility lies upon the O.P. The question of information to be given by the complainant to the manufacturing company is not required.
In the facts and circumstances it is settled that that the O.P. has harassed the complainant. not to take proper step in this regard.
Points under consideration are accordingly decided.
In the result the complaint succeeds.
Hence,
O R D E R E D
That the consumer complaint is allowed on contest against the O.P. with cost.
That the O.P. is directed to refund the cost of 16inch Cinni Pedestal Electric Fan i.e., Rs. 2,550/- or replace the fan by a new one to the complainant within one month from the date of this order.
That the O.P. is directed to pay cost of Rs. 1,000/- and Rs. 2,000/- as compensation for harassment and mental agony to the complainant within one month from the date of this order.
Supply the copies of the order to the parties, free of costs.
