MRS. MANJUSRI SARKAR CHOWDHURY MEMBER FACTS In short, the complaint case is that complainant who has been using one Kutchina Kitchen Chimney in her house call ed the registered service centre of the manufacturer Kutchina Chimney Service Centre on 07/06/2021 and lodged a complaint as the same was not working. On getting the call, the concerned service centre sent their personnel to the residential address of the complainant on 08/06/2021. On inspection, the said person of the Kutchina Service Centre informed the complainant that certain parts were required to be replaced at the cost of Rs.3,000/- to 3,500/-. The said person also offered a proposal for getting an AMC (Annual Maintenance Contract) from the service centre by paying Rs.5,000/- for 2 years and in the case of AMC, the service centre would provide 8 free services in 2 years and the parts will be replaced without any charges. The complainant agreed to the said proposal and paid Rs.2,000/- and agreed to pay the remaining Rs.3000/- on the next day when he would come for repairing the chimney. But on the next day, the said person did not come. However, he came on 12/06/2021 and fixed the problem but did not hand over any invoice or bill. So, complainant paid the remaining Rs.3,000/- through NEFT directly to the bank account of the opposite party which was duly accepted and thereafter, opposite party sent an acknowledgement to the complainant and also handed over one signed AMC agreement to the person concerned of the opposite party to do the needful. But the opposite party failed to send their person with a copy of the original bill or invoice as promised and on enquiry, the complainant was informed that that the cost of repaired kitchen chimney was Rs.4,400/- and they agreed to refund the rest amount of Rs.600/- to the complainant and they declined to register the complaint under AMC. On payment of Rs.5,000/- by the complainant, OP declined to issue AMC in her name which amounts to unfair trade practice and deficiency in service. So, complainant filed this case praying for refund of Rs.5,000/- along with interest, compensation and cost of litigation etc. As the opposite party did not contest the case, the complaint was heard ex parte. The point for consideration is whether the Complainant is entitled to the relief (s ) as prayed for. FINDINGS Complainant by filing an application prayed her petition of complaint be treated as evidence on her behalf. She also filed several documents and brief notes of argument. Amongst the documents, we find one invoice dated 08/06/2021 showing payment of Rs.2,000/-, one mini statement of the SBI in respect of an account, a photo copy of message dated 12/06/2021 showing receipt of Rs.3,000/- by the opposite party. According to complainant, she made a complaint with the opposite party in respect of some problem in her kitchen chimney and on 08/06/2021 opposite party sent their personnel to address the said problem. At that time, during conversation, complainant came to know about AMC from the said personnel of the opposite party and accordingly, she wanted to purchase one AMC with the opposite party and instantly, paid Rs.2,000/- while subsequently, she paid remaining Rs.3,000/- to the account of the OP. The said amount of AMC of Rs.5,000/- was for two years. Complainant alleged that no papers of AMC were submitted to her by the opposite party, nor the defect in the chimney was removed although opposite party claimed to charge Rs.4,400/- for repairing work. Thus, complainant claimed deficiency in service and unfair trade practice on the part of the opposite party. So, she prayed for refund of the amount of Rs.5,000/- and also compensation of Rs.30,000/- and Rs.10,000/- for cost of litigation. As opposite party did not contest the case, no written statement or evidence is found forthcoming from them contradicting the contentions of the complainant. The materials on record make it clear that complainant had paid Rs.5,000/- which she claimed to be the amount of AMC for two years for her chimney but no AMC paper was submitted to her. Having, thus, gone through the materials on record, we find that the complainant should get relief in this case and she is entitled to refund of the amount of Rs.5,000/- with interest @9% p.a. since the date of payment i.e. 12/06/2021. This apart, complainant is also entitled to Rs.2,500/- towards cost of litigation. Accordingly, it is ORDERED That the instant case be and the same is allowed ex parte against the opposite party. Opposite party is directed to pay Rs.5,000/- (Rupees Five Thousand Only) to the complainant with simple interest @9% p.a. since 12/06/2021 until payment. Opposite party is also to pay Rs.2,500/- (Rupees Two Thousand Five Hundred Only) for cost of litigation to the complainant. Opposite party is directed to comply with this order by making the awarded payment to the complainant within 30 days from the date of this order, failing which complainant shall be at liberty to proceed in accordance with law. Dictated and corrected by me Member |
