Epitome of the complaint is that the complainant intended to purchase a refrigerator on 20/09/2014 and he purchased it from “Manjushree Electronic” who is proforma defendant number 3, having model No.13870 bearing number INCI32612958 at a Rs.16,000/- vide invoice serial number 995 at 20/9/2014 . But on 29/06/2019 the said refrigerator stopped working or running. This complainant thereafter availed customer service provided by the OP -1 on the following day that is 30/06/2019 through contacting number 18002081800 who registered the complaint at their system bearing code 271 under for S.R. No. KLO619035562. Complainant received confirmation at same day at his mobile. Thereafter complainant received a call from OP on 01/07/2019 and company would come to inspect on 02/07/2019. The office of OP was previously at Mangolbari, Malda at the time of purchase but it subsequently shifted to Uttar Dinajpur, Raiganj but actually although complaint was registered but none come from service center of OP-2. The complainant again phoned to service center when OP-2 assured that they would come on 04/07/2019 but ultimately they did not come. There was five years warranty behind this refrigerator. Complainant informed the company about warranty and they said that except compressor this complainant has to provide specified charges behind other repair and replacement of the refrigerator. This complainant agreed with that. But after numerous representations company did not pay heed to it. Ultimately being disgusted at such behavior of company (OP), complainant went to “Abhishek Electrical and Electronics” and requested them to repair the refrigerator and they repaired with the charges of Rs.6,425/-. Ops are jointly bound to provide service as agreed between the parties but they neglected. Hence, this complainant approached before this commission for relief behind such deficiency of service and unfair trade practice of company. Complaint is quite entitled to get Rs.20,000/- as compensation for his harassment and mental agony at Rs.50,000/- behind litigation cost. Due to pandemic situation complainant was unable to file the case before the commission.

          In order to prove the aforesaid complaint complainant examined himself by affidavit and file the documents like invoice, warranty card, call logs to company and receipt of repairing charges of “Abhishek Electrical and Electronics”

          On the other though being summoned, OP did not to come before this commission (as per track report).

DECISION WITH REASON

Now on hearing the complainant-council and on perusal of the documents as available, this commission considered the complainant as a consumer. After that when call loges made by the complainant to the company in respect of his purchased article were under the warranty period, the OP (company) had the responsibility to repair the refrigerator, but they did not do it which becomes a deficiency of service on the part of OP. According to this deficiency of service this complainant had to repair the refrigerator personally from other electrical shop because it is an essential element of house- hold use. So OP- 1 & 2 are jointly bound to pay the repairing charges of the refrigerator as incurred by the complainant from private agency. Complainant is also entitled to get compensation from the Ops due to their laches in obeying responsibility during warranty period of selling refrigerator. But this complainant is not entitled to get any litigation cost from the OP because cost was borne by the Consumer Assistance Bureau (C.A.B.).

Hence,       ordered

that the Ops are liable to pay jointly or severely  Rs.6,425/- to the complainant behind his repairing cost of the refrigerator and to pay Rs.5,000/- as compensation for not providing service during warranty period which they under took at the time of selling the refrigerator by warranty. So the Ops are directed to pay the entire amount to the complainant of Rs.11,425/- within three month from the date of order failing which complainant is entitled to get interest on  the aforesaid entire amount at the tune of @ 5%  per annum  till realization. Complaint is at liberty to execute the order under section 71 and 72 of CP act if not satisfied by the OP within the period.

Let a copy of the order be given to each of the parties free of cost.