Present (1) Sri Nisha Nath Ojha,
District & Sessions Judge (Retd.)
President
(2) Smt. Karishma Mandal,
Member
Date of Order- 29.02.2016
ORDER
Karishma Mandal
- In the instant case the Complainant has prayed to directed the Opposite party:-
- To refund the price of the Fan at the time of purchase along with interest 18% per annum from 24.07.12.
- To pay amount of Rs.12,000/-(Twelve thousand only) as compensation.
- To pay amount of Rs. 2000/-(Two thousand only) as litigation cost.
- In the complaint petition, the complainant has asserted following facts:-
- The complainant purchased a new Fan (bearing serial no.029168) on a consideration amount of Rs.1,700/-(One thousand Seven hundred only) from Electricals & Electronics Division, S/9, Chandni Chowk, Fraser Road, Patna-800001 i.e. Opposite part no.2 Vide Invoice No. dated 24.07.12. There is two years guarantee from the date of purchase. From the day of purchasing, it has started creating problem and thereafter he ( complainant ) immediately approached the Opposite party no.2 with defective Fan and requested him to take step from his own level so that the defect developed in the fan can be removed but the Opposite party no.2 denied to take or replace the aforesaid defective Fan and directed the complainant to contact the authorized service centre, situated at Panchsil Mandir ,Patna.
- The complainant in pursuance of such direction immediately approached the authorized service centre and defect developed in the said fan was brought to the notice of authorized service centre whose engineer examined the fan and issued service slip vide annexure – 3 and further assured the complainant that the defect developed in the fan during the warranty period shall be removed within short period.
- After ten days the complainant visited the authorized service centre and requested to deliver the fan after rectifying the defects developed in the fan but the fan was not delivered to the complainant on one pretext or the other. Then the complainant contacted the In-charge of authorized service centre and requested to take step from his own level but it is relevant to mention that the defect developed in the fan has not been rectified.
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It is the grievance of the complainant that aforesaid defect was not removed by service centre and the fan was not delivered to the complainant on one pretext or another. The complainant contacted the authorized in - charge of the service centre and requested him to deliver the fan but the same was not delivered.
From the record it transpires that on behalf of opposite party no. 2 a Vakalatnama was filed on 05.02.2015 and he was allowed 5 adjournments but when the opposite parties did not appeared then the matter was heard exparte against him as well as opposite party no. 1 who did not appeared in this case despite service of registered notice.
It is needless to say that there is no counter version of the fact asserted by the complainant in the complaint petition which definitely disclose deficiency on the part of opposite parties.
Hence, we direct the opposite party no. 2 ( SIMCO, through its proprietor ) to return the price of the aforesaid fan which was purchased by the complainant vide annexure – 1 i.e. 1,700/- ( Rs. Seventeen Hundred only ) within a period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 2 will have to pay an interest @ 12% on the aforesaid amount till its final payment.
We further direct that after payment of the aforesaid amount by opposite party no. 2 ( SIMCO, through its proprietor ) the aforesaid fan will be property of opposite party no. 2 and he will receive the same from service centre.
Opposite party no. 2 ( SIMCO, through its proprietor ) is further directed to pay Rs. 1,000/- ( Rs. One Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Thus, this complaint stands allowed to the extent indicated above
Member President
