The fact of the case of the complainant in a nutshell is that on 13.4.2016 the complainant went to the Great Eastern Appliances Pvt. Ltd. , Chandernagore for purchasing one Air conditioner machine. On that date the complainant booked one Videocon Air conditioner to the shop of the Op no.2. On 26.4.2016 the representative of Godrej Company came to the house and install said air conditioner instead of Videocon Air Conditioner. At the time of installation of Air Conditioner the complainant was not available in the house but after returning home he found that air condition cooling capacity 4850 watt, current consumption 7.5 amp, 3 Star rating AC. The complainant on the next date of installation of the machine went to the shop of the oP no.2 and explained the entire fact to them , but in vain. The complainant lodged a complaint before the Godrej company but none of the Godrej company never came to your complainant house to solve the problem. Hence, the complaint filed by the complainant with a prayer as laid down in the prayer portion of the complaint.
The Op nos 1 to 3 entered appearance by filing Written version denying inter alia all material allegations. The positive case of the OP is that the petitioner came before the opposite parties and findings a Air conditioner but his budged is
very limi9ted for which he wanted a finance support to buy the said product. He known that the Godrej Air Conditioner was zero down payment and attracted on that and he purchased that as per his choice and financial capacity. Thereafter, the product delivery to the petitioner and installed as per his direction. All procedure has been done as per the petitioner choice and direction but he only harass the opposite parties and wrongful monetary gain filed this present complaint. The Op no.1 to 3 prays for dismissal of the complaint.
Complainant filed nine documents by firisti (1) Tax invoice dated 13.4.16 issued by Great Eastern (2) Money receipt (3) Bajaj Allianz extend Warranty (4) Free A/c standard installation (5) S.B.I. Pass Book. (6) Xerox of letter date3d 25.5.16 addressed to Great Eastern company, Kolkata (7) Photocopy of letter da25.5.16 addressed to Bajaj Finserv Ltd etc. Complainant also filed Evidence in chief and Written Notes of Argument. OP filed Written version and Evidence in chief.
POINTS FOR DECISION :
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
Point no.1
It is admitted fact that the complainant purchased one Godrej Air conditioner from the shop of the oP no.2 and paid Rs.29,650/-. Therefore, the complainant is a consumer under the Ops U/s 2(d)(i) of the C.P.Act, 1986. The point no.1 is thus answered in favour of the complainant.
Point no.2 and 3
Both the points are taken up together for easiness of discussion. It appears from the statement of complainant on oath along with documents filed by the complainant that complainant purchased one machine from Op with the help of financer. After installation of the machine , the complainant the A/c machine was not working property . So, he made complainant before the Op. But Op did not make any attempt to relief the sufferings of the complainant. On the other hand, the oP inspite of being known the incident of purchase and poor working of the machine did not take appropriate step as per grievance of the complainant.
The documents filed by the complainant shows that he purchased one Godrej A.C. machine outdoor bracket with amount of Rs.29,650/-. It is apparent on the face of the record that the oP delivered the Godrej A.C. machine and the same was defective for which complainant informed the OP . But the Op did not take any step as per need of the complainant. Even Op did not attempt the complainant’s allegation . No step was taken by the Op as per complaint lodged by the complainant before the OP no.1 and 2. Op no.4 Bajaj Finance Ltd. did not contest the case , although summon was received by him. So the case has been heard exparte against the OP no.4. Even Op did not file any evidence on oath nor did Op file any paper relevant to the issue of this case. The evidence of the complainant goes unchallenged in absence of any evidence of OP.
On this premises, after deliberation over the complainant ‘s case , we are of opinion that complainant’s case succeeds, wherein the purchase is admitted by the oP. Hence, it is –
Ordered
That the CC no. 83 of 2016 be and the same is allowed on contest. The Op no.1, 2 and 3 are jointly and severally liable to refund the cost price of the A.C. machine i.e. Rs.30,000/- to the complainant as per Tax invoice dated 13.4.2016 issued by Op no.2. The OP no. 1,2 and 3 are also jointly and severally liable to pay
Rs.10,000/- towards compensation to the complainant for his unnecessary harassment, mental agony and pain. The Ops no. 1 , 2 and 3 are also directed to pay Rs.10,000/- to the complainant towards litigation cost.
The Op no.1,2 and 3 are directed to comply the above order within 45 days from the date of this order i.d. petitioner is at liberty to file execution case to execute the above order.
Let a copy of this order be made over to the parties free of cost.
