Date of Filing: 26.11.2019                                                   Date of Disposal: 18.11.2022.

Complainant:               Biswajit Hazra, S/O- Lt. Sajani Hazra, resident of Vill.-Ramaipur, P.O.- Korar, P.S.- Shaktigarh, Dist.-Purba Bardhaman, Pin-713102, Phone No.9735175485

-VERSUS -

Opposite Party:           1.Great Eastern Retail Pvt. Ltd., Burdwan Branch, represented by its Branch Manager, having its office at 306, G.T. Road, East End, Burdwan, P.O. & P.S. Burdwan, Dist. Purba Bardhaman, and Pin-713101.

2. Haier Appliances (India) Pvt. Ltd., represented by its Director, having its office at Building No.1, Okhla Industrial, Estate Phase III, New Delhi-110020.

Present                       : Mohammad Muizzuddeen             -Hon’ble President.

                                    : Smt. Lipika Ghosh                          - Hon’ble Member.

                                    : Mr. Atanu Kumar Dutta               - Hon’ble Member.

Appeared for the Complainant           : Sri Suvro Chakraborty          Ld. Advocate.

Appeared for the Opposite Party        : None (Ex parte)       

F I NAL  Ex P a r t e O r d e r           Date: 18.11.2022

            Today is fixed for passing ex parte order.

The complainant files hazira through the Ld. Advocate. The record is taken-up for passing ex parte order.

On 26.11.2019, the complainant has filed the complaint u/S 12 of the C.P. Act, 1986 against the O.Ps.

The case of the complainant, in brief, is that on 20.10.2018 the complainant purchased a Refrigerator bearing Model No. Haier HRF 2784 PMG-E of 258 liter bearing Serial No.BLO622E8PO1T3J910066, so manufactured by the O.P. No.2 from the O.P. No.1 to meet households’ necessity. The total consideration amount of that refrigerator was Rs.26,000/- including all taxes and GST. The complainant took financial help from Bajaj Finance Ltd. for purchasing the said refrigerator. On payment of the consideration amount the O.P. No.1 issued a tax invoice bearing No.BW/1819/SA/04287 dated 20.10.2018 in favour of the complainant and they also delivered the same at the house of the complainant with warranty of one year in respect of the refrigerator along with extended warranty.

The first week of February, 2019 the refrigerator in question started non-functioning as there was problem in cooling, temperature fluctuation etc. As such on 06.03.2019 complainant lodged complaint before the O.P. No.2 and his complaint was registered as RB20190306100329. Thereafter, mechanic/engineer from the service center of the O.P. No.2 came in the house of the complainant on 07.03.201, and did their job but the problem of the refrigerator remained as before. Subsequently the complainant lodged so many complaints on 09.03.2019, 26.03.2019, 03.04.2019, 26.04.2019 which were registered as RB20190309108013, RB20190326101061, RB20190403109796 and RB20190426100991. On those occasions the O.Ps sent their mechanic to solve the problem of the refrigerator but they failed to do so. Till the date of filing of the complaint, the problem has not been solved. The complainant also made written request to the O.P. No.1 on 15.05.2019 either to solve the problem or to replace the refrigerator with a new one or to refund the consideration amount to him but he did not get any reply from them. Thereafter the complainant lodged complaint before the Consumer Affairs Department, Burdwan but failed to get any solution. The complainant strongly believes that there is a manufacturing defect in the refrigerator and for that the mechanic of the O.Ps failed to solve the problem. He further stated that the O.Ps in one hand willfully and motive behind delivered a defected refrigerator to the complainant and on the other hand, they failed to solve the problem. Moreover the Opposite Parties are not given replacement of the refrigerator in question as well as did not give any reply of the request of the complainant. From the several service of the refrigerator it is clear that there is defect in the refrigerator in question. The conducts of the Opposite parties are deficiency in service and unfair trade practice.

The cause of action arose on and from 06.03.2019 and is still continuing.

Upon this background, the complainant prays for passing an order to directing the O.Ps either to repair the refrigerator properly on free of cost and or to replace the refrigerator in question with a new one along with fresh warranty or to pay refund of total consideration amount    along with interest @10% p.a. from the date of purchase to the till date of its realization. He also prayed for a direction upon the O.Ps to pay a sum of Rs.50,000/- as compensation for mental pain, agony and harassment along with a litigation cost of Rs.20,000/-.

F I N D I N G S

Perused the case record. Though the notice was served upon the O.Ps, they did not appear to contest the case. Accordingly, the case is heard ex parte. In order to prove the case the complainant has filed evidence-on-affidavit and some Xerox copies of documents.

On perusal of the evidence-on-affidavit, it is found that the complainant has corroborated the facts of the case depicted in the complaint by his evidence. The Xerox copies of the documents disclosed that the complainant purchase the refrigerator in question from the O.P. No.1 & O.P. No.2 is the manufacturer of the said refrigerator and it was purchased by way of consideration money of Rs.26,000/-. The defect of the refrigerator was found within the period of warranty as per papers & submission. In spite of having sent the written request to the O.Ps, they did not take any step either for repairing of the same or replacement the same by a new one. Even they did not refund the value of the said refrigerator to the complainant. Nothing can disbelieve of the unchallenged evidence of the complainant.

Having considered the foregoing discussions and evidence on record, we are of opinion that the OPs have committed deficiency in service and the complainant is entitled to get relief in this case. As a result, the case succeeds.

Hence, it is

O R D E R E D

that this case be and the same is allowed ex parte against the O.Ps, but without any cost.

The O.Ps are jointly and severally liable in this case. The O.Ps are directed either to repair the refrigerator properly in question on free of cost or to replace the refrigerator with a new one with fresh warranty period or to pay refund total consideration amount to the complainant along with 10% interest from the date of filing of this case.

The O.Ps are also directed to pay compensation of Rs.10,000/- for mental pain, agony and harassment and litigation cost of Rs.5000/-. The O.Ps are directed to comply with the order within 45 days from the date of receipt of this order.

 Let a copy of this order be supplied to the parties on free of cost.

      Dictated & corrected by me.

                                    Member                                                                      

                         D.C.D.R.C., Purba Bardhaman

                     Member                                                                    President

     D.C.D.R.C., Purba Bardhaman                                  D.C.D.R.C, Purba Bardhaman