DATE OF FILING : 16..05.2014.
DATE OF S/R : 23.07.2014.
DATE OF FINAL ORDER : 30.10.2015.
Md. Sahid alias Sahid,
son of Md. Hanif,
residing at Swapna Khuti, Andul Road, P.O. Padrah,
District Howrah,
Pin 711109.………………………………………………….. COMPLAINANT.
1. Hitachi Home & Life Solutions ( India ) Ltd.,
situated at A 15, Mohan Co operative Industrial Estate,
Mathur Road, New Delhi 1100001,
also at 9B, Poonam Building, 9th floor, Russel Street,
Kolkata 700071,
also 37 & 38, Mohinath Porel Lane, Salkia,
Howrah 711106.
2. Great Eastern Appliances Pvt. Ltd.,
290, G.T. Road,
Howrah 711102……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Md. Sahid alias Sahid, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to replace the A.C. Machine in question ( out of two machines ) along with Rs. 1,50,000/- as compensation and Rs. 10,000/- as litigation costs together with other reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant purchased two 1.5 ton Split A.C. Machines amounting to Rs. 84,000/-, one Samsung 28” L.E.D. amounting to Rs. 23,700/- and one Sharp L.E.D. T.V. amounting to Rs. 23,500/- totaling Rs. 1,31,200/-, out of which complainant paid Rs. 44,872/- and the rest amount was financed on an EMI of Rs. 10,934/- each X 8 vides Annexures dated 14.02.2014 and 18.02.2014 i.e., P/1 collectively. At the time of installation of A.C. Machine, the men of the o.p. no. 2 charged Rs. 14,800/- illogically and arbitrarily from the complainant. Since installation one of the A.C. Machine was completely out of order and for which complainant informed the o.p. no. 2 but the o.p. no. 2 did not pay any heed. After lapse of few days complainant lodged a complaint at the office of the o.p. no. 2 but no positive step had been taken. Thereafter complainant sent lawyer’s notice dated 17.04.2014 at the office of the o.p. nos. 1 & 2 but o.ps. remained silent vide Annexures P/2 collectively. Subsequently on 2nd May, 2014 complainant contacted o.p. no. 2 over phone about non cooperation. After receiving the complaint, the personnel of o.p. no. 2 visited on 29.04.2014 and replaced the defective A.C. Machine but within a short period the machine became inoperative. Complainant repeatedly informed the o.ps. but all his efforts went in vain. Being frustrated and finding no other alternatives the complainant has filed this instant petition with the aforesaid prayers.
- Notices were served upon o.ps. O.P. no. 2 appeared and filed written version but o.p. no. 1 neither appeared nor filed any written version. Accordingly, case heard on contest against o.p. no. 2 and ex parte against o.p. no. 1.
- Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
Both the points are taken up together for consideration. We have carefully gone through the written versions filed by o.p. no. 2 and noted its contents. Denying and disputing the allegations of the complainant made out in the complaint petition, o.p. no. 2 has taken a specific plea that in case of a dispute with respect to a defective electric goods, complainant was required to produce expert evidence. But no such expert evidence has been filed by the complainant. Moreover, the A.C. machine in question has been purchased in the name of ‘DHAHID’ and not in the name of the complainant ‘Md. Sahid’. So the instant petition is not maintainable. But on scrutiny of the Annexure P/1 we filed all the money receipt dated 14.02.2014 and 18.02.2014 are lying in the name of Md. Sahid who is the petitioner of this instant case. It is also acknowledged by the complainant that after making the initial complaint dated 17.04.2014, o.p. no. 2 replaced the A.C. machine in question on 29.04.2014 wherefrom it is crystal clear that the defect of the A.C. Machine was accepted by the o.p. no. 2. And the replaced one again started giving trouble which was also informed on 2nd May, 2014 vide complaint no. 14050200293. But o.ps. remained silent without doing the needful. Moreover, the o.p. no. 1 has not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted against o.p. no. 1. O.ps. have miserably failed to keep promise made by way of providing warranty, which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 289 of 2014 ( HDF 289 of 2014 ) be allowed on contest with costs against the O.P. no. 2 and ex parte against O.P. no. 1.
That the O.P. nos. 1 & 2 are jointly and severally directed to replace the A.C. Machine in question with the same model, if not available, with a higher model to the complainant along with fresh warranty within one month from the date of this order i.d., Rs. 50/- per day shall be imposed till actual replacement and complainant is also directed to return the A.C. Machine in question.
That O.P. nos. 1 & 2 jointly and severally be further directed to pay Rs. 3,000/- as compensation and Rs. 2,000/- as litigations costs to the complainant within one month from this order i.d., the entire awarded amount of Rs. 5,000/- shall carry an interest @ 9% per annum till full realization. The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
