Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 215 / 2009

1)           Sri Sukant Dutta,

7C, K.C. Roy Road, Kolkata-700001.                      ---------- Complainant

1)           Godrej’s Boyce Mfg. Co. Ltd.,

Godreh Bhavan, Block-GN, Sector-V,

2)           Power Cooling Solutions,

85A, Sarat Bose Road, Kolkata-700026.                 ---------- Opposite Party

Present :       Sri S. K. Majumdar, President.

                        Sri T.K. Bhattacharya, Member

Complainant Sukant Dutta by filing a petition on 10.6.09 u/s 12 of the C.P. Act, 1986 has prayed for passing an order directing the o.ps. to pay compensation of Rs.50,000/- and litigation cost and any other order or orders as the forum may deem fit and proper.

          It has interalia been contended that complainant purchased one 1.2 ton air conditioner being serial no.1027680002389 of Godrej make from Khosla Electronic Pvt. Ltd. on 30.4.08 for his personal use in his chamber at Rs.10,500/-. The air condition within the period of warranty started giving trouble and warranty period was of one year with three free services of which first two were dry service and third was wet service. O.p. no.1 Godrej & Boyce Mfg. Co. Ltd. was informed about it on 8.8.08 for the dry service and 11.8.08 the service was given by the technician of o.p. no.2 Power Cooling Solutions. Even after visit of four months the wet service within the warranty period was not done although it was recorded under docket no.131909 dt.25.4.09. Complainant persuaded the matter both with o.p. nos.1 and 2 repeatedly, but they did not pay any heed to it and finding no other alternative complainant has filed this case with the aforesaid prayer.

Decision with reasons :-

          It appears on perusal of the record that the case was filed on 10.6.09. Notices were sent to the o.ps. fixing 23.7.09 for S/R. But as none of the o.ps. appeared the case is forwarded for ex parte hearing.

          Our points for decision are as follows : whether the complainant is a consumer as provided u/s 2(d)(i) of the C.P. Act 1986 (as amended) and whether the claim of the petitioner is justified and whether there is any deficiency of service or unfair trade practice on the part of the o.ps.

          We have already pointed out that complainant purchased the air conditioner on payment of full consideration money of Rs.10,500/-, vide annex-A for his personal use. In view of this fact, petitioner definitely can be treated as a consumer as provided u/s 2(d)(i) of C.P. act, 1986 (amended) and the case is filed within the time with proper cause of action.

          His purchased receipt of air conditioner is marked annex-A showing that he purchased the air conditioner at Rs.10,500/- serial no.1027680002389, model no.14191 GWC 14G2WOHH of Godrej make on 30.4.08 on payment of full consideration money. In view of this position there is no difficulty to hold that the petitioner is a genuine consumer as provided u/s 2(d)(i) of C.P. act, 1986 (as amended). According to the terms of warranty comprising of two dry services and one wet service assured, vide annex-B.

          Petitioner being aggrieved ventilated his grievance by writing a letter that the condition of wet service was not fulfilled although it was contained in warranty, vide annex-B. It was received by o.p. Godrej Appliances on 11.5.09.

          In unequivocal terms complainant has stated in his letter dt.5.5.09 that the o.ps. failed to provide the service in terms of sale and warranty contract and as such, they are liable to pay compensation for their fault and deficiency of service.

          We have also perused the evidence on affidavit of complainant dt.27.1.10 wherein he has ventilated all his grievances as made out in his petition of complaint including deficiency of service as committed by the o.ps. he has also mentioned the annexures in support of his contention in his evidence. In view of this position, there is nothing to disbelieve the unchallenged testimony of the complainant which is supported by the evidence oral and documentary both. So, in fine, we observe that there is merit in the petition of complaint and accordingly, complainant is entitled to get the relief as ordered hereunder.

          that the petition of complaint is allowed ex parte against o.p. nos.1 and 2. O.p. nos.1 and 2 are directed to pay compensation of Rs.10,000/- (Rupees ten thousand) jointly and/or severally and litigation cost ofRs.3000/- (Rupees three thousand) to the complainant and both the o.ps. jointly and/or severally must pay the grand total of Rs.13,000/- (Rupees thirteen thousand) only within forty five days from the date of communication of this order, failing which, it will carry interest @ 10% p.a. till full realization. O.p. no.2 Power Cooling Solutions having its office at 85A, Sarat Bose Road, Jyoti Vihar, Kolkata-26, P.S. Ballygunge being the service provider is also directed to arrange for wet service of the air conditioner of the complainant positively within forty five days from the date of communication of this order, failing which, it will carry penalty of Rs.50/- (Rupees fifty) only per day till the wet service is undertaken and done satisfactorily. Fees paid are correct.

          Supply certified copy of this order to the parties on payment of prescribed fees.