West Bengal

Birbhum

CC/19/2019

Biswajit Chatterjee - Complainant(s)

Versus

Joy Electronics, Subhaspally (Hanuman Mandir) - Opp.Party(s)

SUBRATA MUKHOPADHAY

28 Jun 2024

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complainant Under Section 12 of the Consumer Protection Act, 1986.

            The fact of this case in brief is that the complainant Biswajit Chatterjee, S/o. Late Durga Das Chatterjee is a resident of Suri College Para, Ward No. 03, P.O. + P.S. & Ch. Suri, Dist.- Birbhum within the jurisdiction of this District Commission.

            That the complainant purchased a refrigerator of LG Company from the OP No. 1, which is an organization, engaged in business of selling electronic goods.

            That after few days the said refrigerator was found out of order and therefore the complainant informed the same to the OP No. 1 and OP No. 1 further advised the complainant to inform the matter to the OP No. 2, L.G Service Centre.

            That thereafter the complainant informed the matter to OP No. 2, vide complaint No. RNP170311049015 dated 13/03/2017 and thereafter the mechanic of LG Company came and repaired the same.

            That after some days, the said refrigerator was found again out of order. Again the complainant informed the matter to OP No. 1 and OP No 2, vide complaint No. RNP180710001756 dated 10/07/2018. Thereafter the mechanic of LG Company came and changed the gas of the said refrigerator and repaired it and also charged an amount of Rs. 1200.00(One thousand two hundred only). After some months again the refrigerator was found not functioning. In the same process the complainant made another complaint

(Page 1 of 4)

 

 

 

 

to OP No. 2, vide complaint No. RNPI80819085174 dated 19/08/2018. This time the mechanic of the LG Company changed the coil and repaired the refrigerator with a charge of Rs. 1150.00(One thousand one hundred fifty only) on 23/08/2018. It should be mentioned that during the changing of coil some fiber portion of the said refrigerator was burned.

            That after few days the said refrigerator was again found out of order. That finding no other alternative the complaint became compelled to file this complaint for the proper relief as laid down in the plaint.

            That the OPs in collusion with each other are cheating and depriving its customers and also extracting their money by misleading them. Thus, the acts and deeds of the Ops are highly illegal and cannot be tenable in law so the OPs to be restrained from these types of illegal acts and deeds.

            That the cause of action arose on and from 23/08/2018.

It is therefore prayed before this Commission for the following relief/reliefs:-

1. To pass an order directing the OPs for replacing the said defective refrigerator within the specific time fixed by this Commission.
2. To pass an order directing the OP No. 2 to refund money, which was paid for the purpose of repairing for the said defective refrigerator.
3. To pay Rs. 20,000.00 (Twenty thousand only)  for physical and mental harassment caused by the OP.
4. Any other relief\reliefs as the Commission thinks fit and proper.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 2019?
4. Is there any deficiency of service on the part of the OP members?
5. Is the complainant entitled to get the relief as prayed for?
6. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

(Page 2 of 4)

 

 

 

 

 

It is found that the complainant is a resident of Suri College Para, Ward No. 03,, P.O. + P.S. & Ch. Suri, Dist.- Birbhum, within the jurisdiction of this District Commission.

            The complainant purchased a refrigerator manufactured by LG Company being Model No.-GLB221APAN, SL- 6038, vide Tax invoice No.- JE/L/0401 dated 10/03/2017 from OP No 1/ Joy Electronics Asim Kumar Misra (Dipu), who is the dealer of OP no. 3. OP No. 2 Sri Krishna Service Centre is being the authorized service centre of OP No. 3-LG Company.

            The said refrigerator was purchased by the complainant with a warranty period of one year. Just after the three days from the purchasing the said refrigerator was found defective. So on 13/03/2017 the complainant made a complaint in written to the OP No. 2.

            The mechanic of OP No. 2 repaired the said refrigerator on the basis of that complaint.

            Later, the refrigerator was found again not functioning after some months and the complainant made a written complaint to OP No. 2 regarding the matter on 10/07/2018. The mechanic of OP No. 2 came and changed the gas of the said refrigerator by charging Rs. 1200.00 from the complainant.

            Thereafter, the said refrigerator was found again defective, just after a month of previous repairing. So, the complaint made again a written complaint to OP No. 2 on 19/08/2018. This time the mechanic of OP No. 2 changed the coil of the said refrigerator by charging Rs. 1150.00 on 23/08/2018.

            After few days the said refrigerator was found again defective and not in working condition.

In argument, the Ld. Advocate authorized by the OP members argued that the mishandling of the said refrigerator by the complainant family resulted the said refrigerator damaged and defective. But, he could not provide any evidence in support of his argument.

            Being from a low-income category family the complainant purchased the refrigerator to meet the necessity of his family by expending his valuable savings.

            But, the OP members deprived the poor complainant by selling a refrigerator having manufacturing defect from the beginning and also they did not even take any attempt for a permanent solution of the problem of the refrigerator.

            The complainant gives evidence in support of his case as PW-1.

            Hence, the Commission is of view that the complainant could be able to prove his case beyond all reasonable doubt and is entitled to get the reliefs as prayed for.

                        The case is properly stamped.

                       

 

(Page 3 of 4)

 

 

 

                        Hence, It is

                                    O R D E R E D,

                                                            that the instant C.C. Case No. 19/2019 be and the same is allowed on contest.

The OP members are directed to pay jointly or severally a sum of Rs. 17500.00 (Seventeen thousand five hundred only) as the cost of said refrigerator along with interest @ 9% p.a. calculating on and from 31/01/2019, till realization.

The OP members are directed to pay jointly or severally a sum of Rs.1200+1150=2350.00 (Two thousand three hundred fifty only) as the servicing charge along with interest @ 9% p.a., as demanded from the complaint.

The OP members are directed to pay jointly or severally a sum of Rs.15,000.00 (Fifteen thousand only) as the compensation against harassment and mental agony to the complainant.

The OP members are also directed to pay jointly or severally a sum of Rs. 6000/-(Six thousand only) to the Consumer Legal Aid Accounts, Account No. 34041754378, IFSC Code. SBIN0000191, State Bank of India, Suri Branch, DCDRC, Birbhum

The entire decree will be complied by the OP members within 45(Forty five) days from the date of this order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.