Order No. -10 Dt.-11/01/2016
Shri Asoke Kumar Das,President
F I N A L O R D E R
Complainant’s case in a nut shell is that she purchased one Kuchina Kitchen Chimney, Model-FLEONASS, on 31/05/’14from J.S. Marketing Kadamtala, Jalpaiguri. The O.P. Joy Sarkar is the proprietor/manager of the said J.S. Marketing. That chimney stared problem(leakage of oil) a few days after her purchases. The complainant reported this matter to O.P. both orally and in written and prayed for solution of her problem. But O.P. took no step to redress the problem of the complainant to use her said kitchen chimney. The complainant also lodged complainant over the said matter to Consumer Affairs & Fair Business Practices, Jalpaiguri. The O.P. appeared there and admitted the allegations made against him by the complainant but didn’t solve the problem of the complainant.
Hence, this case.
The O.P. has contested this case by filing a W/V, denying and disputing interalia the claims & the contention of the complainant. The specific stand of the O.P. is that they never admitted any allegation of the complainant as she claimed and that they attended the mediation held by Consumer Affairs & Fair Business Practices, Jalpaiguri but as the complainant pressurised them for replacement of the appliance(chimney), the matter was dropped. The O.P. has prayed for dismissal of the case with cost.
POINTS FOR CONSIDERATION
- Is the case maintainable?
- Is the complainant is a consumer?
- Is the O.P. guilty for deficiency in service and/or unfair trade practice as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
After due consideration of the pleading of both the parties and the documents/papers filed by the parties and the argument advanced by the Ld. Lawyer of the both sides, we find that admittedly the complainant is a consumer of O.P. and that this Forum has pecuniary & territorial jurisdiction to hear this case and that this case was filed within the limitation of 2 years from the date of cause of action. Therefore we have no hesitation to hold that the case is well maintainable and the complainant is a consumer.
We now find that a few days after purchased of the Kuchina Kitchen Chimney, which is the subject matter of this case, that kitchen chimney started creating trouble by way of leaking of oil. The complainant reported this matter to O.P. orally on a number of occasions but inven. On 12/05/’15 the complainant reported the matter to the distributor through J.S. Marketing, Kadamtala, Jalpaiguri but no fruitful result came out. Thereafter the complainant lodged complainant to the Consumer Affairs & Fair Business Practices, Jalpaiguri and hear the O.P. admitted the allegations brought against him by the complainant, and they gave proposal for repair of the appliance with-in two months but as the complainant didn’t accept such of their proposal, the matter was dropped by Consumer Affairs & Fair Business Practices at Jalpaiguri. Therefore it is clear from the materials on record that the complainant has been facing problem to use her Kuchina Kitchen Chimney due to leakage of oil a few days after her purchase of that chimney(chimney was purchased on 31/05/’14). We further find that O.P. has admitted the aforesaid allegation of the complainant and they were even ready to repair the chimney. But the fact remains that O.P. has not yet redressed / solved the aforesaid problem of the complainant. Such in action on the part of O.P. certainly comes within perview of deficiency in service and/or unfair trade practice. Therefore we have no hesitation to hold that the O.P. is guilty for deficiency in service and/or unfair trade practice as alleged.
In this view of the matter we find and hold that the complainant is entitled to get reliefs specified below.
All points are disposed off.
In the result the case/application succeeds.
Hence, it is
O R D E R E D
That the case/application is allowed on contest in part with litigation cost of Rs.500/-(Rupees Five Hundred)only.
The O.P. is hereby directed either to replace the Kuchina Kitchen Chimney of the complainant by new one or to refund her Rs.14,100/-(Rupees Fourteen Thousand and One Hundred)only (price of the kitchen chimney)within 30 days from the date hereof.
The complainant do get an award of Rs,5,000/-(Rupees Five Thousand)only in the head of harassment, mental pain and agony suffered by her due to aforesaid deficiency in service and/or unfair trade practice adopted by the O.P.
The O.P. is hereby directed to pay to the complainant the aforesaid litigation cost of Rs.500/-(Rupees Five Hundred) plus awarded sum of money Rs.5,000/-(Rupees Five Thousand)=Rs.5500/-(Rupees five thousand and five hundred)only in total and to replace the kitchen chimney in question by new one or to refund Rs.14,100/-(Rupees Fourteen Thousand and One Hundred) (price of the kitchen chimney)to the complainant within 30 days from the date hereof failing which the entire amount will carry interest @9% P.A. till realisation and the complainant shall be at liberty to realise the same and to comply aforesaid direction by the O.P. by putting this order into execution in accordance with law.
Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgment/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.
