IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. EA /09/2014.
Date of Filing: 28.03.2014. Date of Final Order: 10.09.2015.
Complainant/J.dr.: Sri Shymal Kanti Dhar, 5 No. Monindra Nagar Colony, P.O. Cossimbazar Raj,
Dist. Murshidabad.
-Vs-
Opposite Party: B.M. Associates, 168, Rabindranath Tagore Road, P.O. Berhampore,
Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant execution application is for realization of Rs.4000/- towards cost and Rs.8320/- towards find payable to S.C.W.F, WB for late payment. The instant execution application is for compliance of the order passed on 20.12.2013 in CC/112/2011 and the impugned order is as under:
That the complaint be and the same is allowed on contest against the Opposite Party B.M. Associates with a cost of Rs.2,000/- and ex parte against the Opposite Party-Mrinalini Udyog with a cost of Rs.2,000/- . The Opposite Parties are directed to take steps individually and collectively if so required to make it done so that cause of the complainant is taken up with the Vent Air and the motor fitted with the chimney is repaired by replacement of parts, if so needed, as per the warranty within 60 days here from, failing which each of the Opposite Parties are to pay Rs.20/- per day’s delay as find and the amount to be accumulated under this head shall be deposited in the State Consumer Welfare Fund.
From the record it appears that on 29.02.14 the J.dr appears before this Forum being released on bail-bond as per warrant issued against him. On that date, the J.dr deposited Rs.4, 000/- towards cost payable to the D.hr. and the J.dr has also deposited Rs.8320/- to SCWF, WB vide Receipt No. A-0843 P-28 dt. 29.9.14 .
From the above final order it further appears that there are directions upon the Ops for replacement of parts of the chimney, if required as per the warranty.
In this case after compliance of the order of the Forum as to payment of cost and fine , the D.hr has filed a separate petition on 11.11.14 for repairing by replacement of parts as per direction of this Forum.
Against this petition the J.dr has filed written objection along with Xerox copies of relevant documents in support of their contention.
The D.hr has prayed for replacement of parts of the chimney as per order of the Ld. Forum passed in final order dt. 20.12.13.
From the above order of the Forum dt. 20.12.13 it is clear that there is a direction for replacement, if needed, as per warranty. This is clear that the question of replacement of parts so needed must be within the warranty period. In this case the J.dr. has filed the Xerox copy of Customer Service Cum Feedback Card with the installation date of the machine was 07.03.2009 and the expiry date as 06.03.10. It is clear that on four occasions Vent Air rendered services to the D.hr on 20.05.09, 31.07.09, 19.09.09 and lastly on 23.10.09.
Now, this petition has been filed on 11.11.14 and it is clear that the question of replacement is beyond the period of warranty and as such the D.hr is not entitled to get any benefit as to replacement of parts as per final order dt. 20.12.13 where the question of replacement must be within the warranty period.
Hence, we have no other alternative but to conclude that the D.hr. is not entitled to get any relief as prayed for in his petition dt. 11.11.14 and as such the petition is rejected.
Hence,
Ordered
that the execution application No. 09/2014 is thus disposed of finally.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
