In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  449 / 2009.

1)                   Sri Kalyan Kumar Ghosh,

41, Tilak Nagar, P.O. Regent Park, Kolkata-700040.                                ---------- Complainant

---Versus---

1)                   Electronics World,

57/4A, N.S.C. Bose Road, Kolkata-700040, P.S. Regent Park.                ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

                        Dr. A. B. Chakraborty, Member

Order No.   2 5    Dated  1 6 / 0 3 / 2 0 1 2 .

            The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Kalyan Kumar Ghosh against the o.p. Electronics World and another. The case of the complainant in short is that he purchased one Lexus Air cooler of model no.25248, Dolphin from o.p. no.1 on payment of consideration of Rs.4990/-, but subsequently complainant experienced that the said machine was something akeen to a table fan and it was not functioning in the manner it ought to have been functioned particularly there was no cooling effect and there was a cracking sound. Complaian nt brought the matter to the notice of o.p. several times, but of futile exercise. Hence, the case.

            O.p. no.2 entered its appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Matter was heard ex parte as o.p. no.1 did not contest the case by filing w/v.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. On perusal of the entire material on record we come to find that complainant purchased the air cooler from o.p. no.1 and immediately after purchased complainant observed that the said machine was not functioning properly and there is sufficient lack of cooling effect and cracking sound was there. Complainant made references with both the o.ps. without any fruitful result although o.p. no.2 in its w/v has alleged that o.p. no.2 was never brought to its notice about the facts in question.

            Be that as it may a bona fide purchaser purchased an air cooler with defects and the matter was brought to their notice but no remedy was there offered by o.ps. in particular o.p. no.2 whilst ascertaining that the matter was not brought to its notice and even if we take it for granted after receipt of notice o.p. no.2 might have contacted complainant in this regard and taken effective measures.

            In view of the findings above and on perusal of the entire materials on record meticulously we are of the view that o.ps. had sufficient deficiencies on their part being service providers to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed with cost on contest against o.p. no.2 and ex parte against o.p. no.1. O.ps. are jointly and severally directed to pay a sum of Rs.4990/- (Rupees four thousand nine hundred ninety) only together with an interest @ 9% p.a. from the date of purchase till the date of realization and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is directed to hand over the air cooler machine to o.ps. after receipt of entire sum awarded by this Forum as above.

Supply certified copy of this order to the parties.

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     MEMBER                            MEMBER                        PRESIDENT