Sri Jagadish Chandra Barman, MEMBER,
The facts leading to the filing of the instant case by the complainant may be summarised as follows:-
The complainant [ Animesh Manna] filed this instant case being no-C.C.no.- 138/2021 under Section 35 of the Consumer Protection Act 2019 on 28/10/2021 against the above mentioned Opposite Party [ Indranil Sinha] before this Ld. Commission. The complainant purchased a Whirlpool Air Conditioned Machine and as per statement mentioned in the Tax Invoice no-202230 dated 17/5/2021 that there was warranty of one year in relation to parts like 1. Capacitor, indoor PCS & outdoor P.C.B., 3. Indoor & Outdoor Motor, 4. Gas, 5. Two services [one dry, one wet], unlimited breakdown calls, without plastic body & remote from Whirlpool.
The complainant booked an online AMC for repairing the purchased AC machine on 16.5.2021. Accordingly, the O. P. sent a representative named Shyamal Bala on 17/5/2021. Then the complainant paid advance Rs. 5428/- only on 17/5/2021 at 5 p.m. vide Google transaction no.- CICA gock2rvNLM.ND , UPI Transaction ID113717533134, State Bank of India and a photo copy of the payment is enclosed herewith . Thereafter, the complainant had been waited for 15 days to get P. C. B. to replace in the purchased AC Machine. But no fruitful result was achieved by the complainant. The complainant met with the O. P. and then the O. P. told that his paid amount was sent by him to Simple Solution Garia and Mr. Amit Mondal would answer his question of repairing vide phone no- 700303413. Over telephonic discussion, Mr. Amit Mondal stated that his paid amount had been cheated by the O. P. Indranil Sinha. Again, the complainant discussed with the O. P. on 12th August 2021 over telephone and then the O. P. assured him to replace the required parts [P. C. B.] on 18th August 2021 by Mr. Shyamal Bala. Since then the O.P. switched off his mobile. The Complainant then approached to the O.P. and the O. P. had informed him as to his inability to replace the P. C. B. ; but the O P. assured then to refund his paid amount.
Then complainant had been waited to get back his advanced paid amount for many days, yet the O. P. did not refund the paid amount till the date of filing this instant case / complaint petition.
It is pertinent to mention that the complainant had sent online a photo copy of the tax invoice to the Whirlpool Company. The Whirlpool Company had also informed the complainant that the receipt was not genuine, but a fake.
Thereafter, the complainant finding no other alternative, filed this instant case being no-C.C.no.- 138/2021 before this Ld. Commission for proper adjudication and has sought for the following relieves:-
- To issue an order to the opposite party to refund the paid amount for repairing Rs. 5,428/- only /-with interest.
- To issue an order to the opposite party to pay a sum of Rs.15,000=00 only as compensation for deficiency of service and unfair trade practice ;
- To issue an order to the opposite party to pay a sum of Rs nil as cost of litigation;
- To issue any other order to the opposite party as the Hon`ble Commission may deem fit.
After admitting provisionally the complaint petition, the Ld. Commission sent show cause notices to the O. P. and O.P. received the notice on 24/12/2021. But the sole O. P. neither appeared nor filed written version before the Ld. Commission. Ergo, the complaint case was declared ‘ Ex-parte’ on 06/4/2022 against the sole O. P. and the content of the case is remained unchallenged.
Upon the averments of the complaint petition, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the complainant a Consumer?
2] Is the O. P. guilty of deficiency of services and unfair trade practice as alleged by the complainant?
3] Is the complainant entitled to get relief /relieves as prayed for?
EVIDENCE/BNA OF THE COMPLAINANT
The complainant filed Evidence in Chief on 17th June 2022 and he also filed BNA on 28th July 2022.
DECISIONS WITH REASONS
The complainant booked online AMC for repairing the purchased AC machine on 16.5.2021. Accordingly, the O. P. sent a representative named Shyamal Bala on 17/5/2021. Then the complainant made online advance payment Rs. 5,428/- only to repair the AC machine on 17/5/2021 at 5 p.m. vide Google transaction no.- CICA gock2rvNLM.ND , UPI Transaction ID113717533134, State Bank of India and a photo copy of the payment is enclosed herewith
Therefore, there is no doubt that complainant is a `CONSUMER` under Section 2[7] of the Consumer Protection Act 2019.
In relation to point for determination no. 2 ‘’Is the O. P. guilty of deficiency of services and unfair trade practice as alleged by the complainant?”- it is relevant to opine that in this instant case, the complainant had paid Rs. 5,428/- only to the opposite party in order to replace P.C.B./repair his A. C. Machine of Whirlpool Company.
Thereafter, the complainant had been waited for 15 days to get P. C. B. to replace in the purchased AC Machine. But the complainant did not achieve any fruitful result. The complainant met with the O. P. and the O. P. told that his paid amount was sent by him to Simple Solution Garia and Mr. Amit Mondal would answer his question of repairing vide phone no- 700303413. Over telephonic discussion, Mr. Amit Mondal stated that his paid amount had been cheated by the O. P. Indranil Sinha.
Hence, it is clear from the fact and circumstances that deficiency of service under Section 2(11) and unfair trade practice under Section 2[47] of the Consumer Protection Act 2019 have been occurred on behalf of the Opposite Party.
In relation to the point for determination no 3, `` Is the complainant entitled to get relief /relieves as prayed for ‘’?- it is relevant to state that the opposite party was very much eager to collect money from the complainant. But he did not pay any heed to the tension, mental agony and harassment of the complainant. The O. P. neither refunded the paid amount Rs. 5,428/- only nor repaired/replaced the P. C. B. in the purchased air conditioned machine of the complainant. But he had cheated the amount intentionally.
Ergo, the O. P. is liable to pay Rs.5, 000=00 only as litigation cost, Rs.10, 000=00 only as compensation amount for physical harassment, mental agony, and pain suffered by the complainant. The O. P. must pay this litigation cost, compensation amount within 30 days from the date of issuing this order.
In case of failure, the opposite party will have to bear 7% p.a. simple interest upon compensation amount from the date of issuing this Order till realization.
The O. P. is also liable to refund to the complainant Rs. 5,428/- only with 9% p.a. simple interest from 17/5/2021 till the realization.
As a result, the complaint case is succeeded.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed Ex-parte against the Opposite Party with a Litigation Cost of Rs.5,000=00 (five thousand) only.
The Opposite Party is directed to pay Rs. 10,000=00 (Rs. ten thousand) only to the tune of compensation amount for his deficiency of service occurred under Section 2(11) and unfair trade practice occurred under Section 2 (47) of the Consumer Protection Act 2019.
The O.P. is also liable to refund, within 30 days from the date of issuing this order, to the Complainant Rs. 5,428=00 [Rs. Five thousand four hundred and twenty eight] only with 9% p.a. simple interest from 17/5/2021 till the date of realization.
The Opposite Party is liable to pay compensation amount within 30 days from the date of issuing this order. In default, the O. P. will have to bear 9% p.a. simple interest upon compensation amount from the date of issuing this order till the date of realization.
The Complainant is at liberty to file an Execution Case against the O. P. before this Ld. Commission for non-compliance of the order by the O. P. after the expiry of 30 days.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Dictated and Corrected by me.
( Shri Jagadish Chandra Barman)
(MEMBER)
