Trinity Towers, 83, Topsia Road (South),

P.S. Tangra,  Kolkata-46.                                                                      ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   20    Dated  31-05-2013.

                The case of the complainant in short is that complainant purchased a style suction (chimney) from o.p. no.3 on 19.1.07 for Rs.9990/- vide invoice no.5953 dt.19.1.07 issued by o.p. no.3. O.p. no.1 issued a card of lifetime warranty of the said chimney in the name of the complainant.

                The chimney was installed by o.p. no.2 but since installation the said chimney has not been functioning at all and for that the complainant called on service and o.p. no.2 deputed a person for inspection on 21.1.07, 3.2.07, 19.5.07 and 28.7.07 respectively and the complainant have paid all fees for the same. But in spite of the same, the inherent defect of the said chimney could not be removed and the same remain idle.

                Complainant further stated that he requested the o.ps.  either to replace the said chimney or to refund the sum of Rs.9990/- over telephone repeatedly. But the requests of the complainant unturned of.

                Complainant states that o.ps. did not provide proper service and/or failed and neglected to provide any kind of service which they ought to have provide to the complainant and the o.ps. herein are liable either to replace the said chimney or to refund the value of compensation under the provisions of C.P. Act, 1986. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

                O.p. nos.1 and 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. no.3 did not contest the case and matter was heard ex parte against o.p. no.3.

Decision with reasons:

                We have gone through the pleadings of the parties, evidence and documents in particular and we find complainant purchased a style suction (chimney) from o.p. no.3 on 19.1.07 for Rs.9990/- vide invoice no.5953 dt.19.1.07 issued by o.p. no.3. O.p. no.1 issued a card of lifetime warranty of the said chimney in the name of the complainant.

                We further find that the chimney was installed by o.p. no.2 but since installation the said chimney has not been functioning at all and for that the complainant called on service and o.p. no.2 deputed a person for inspection on 21.1.07, 3.2.07, 19.5.07 and 28.7.07 respectively and the complainant have paid all fees for the same. But in spite of the same, the inherent defect of the said chimney could not be removed and the same remain idle.

                Further case of the complainant is that he requested the o.ps.  either to replace the said chimney or to refund the sum of Rs.9990/- over telephone repeatedly. But the requests of the complainant unturned of.

                It is seen from the record that  o.ps. did not provide proper service and/or failed and neglected to provide any kind of service which they ought to have provide to the complainant and the o.ps. herein are liable either to replace the said chimney or to refund the value of compensation under the provisions of C.P. Act, 1986.

                In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

                Hence, ordered,

                That the case is allowed on contest with cost against all the o.ps. O.ps. are jointly and/or severally directed to refund Rs.9990/- (Rupees nine thousand nine hundred ninety) only to the complainant towards the price of style suction (chimney) and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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 return the chimney in question, if lying with him, within 15 days from the date of compliance of the aforesaid order.

                Supply certified copy of this order to the parties free of cost.