Ld. Advocate(s)

For Complainant:  Safikul Alam

For OP/OPs :   None

Date of filing of the case    :31.03.2022

Date of Disposal  of the case :  19.07.2023

Final Order / Judgment dtd.  19.07.2023

Complainant above name filed the present complaint u/s 35 Consumer Protection Act 2019 against aforesaid OPs praying for direction to refund of Rs. 26,109/-, compensation amounting to Rs. 50,000/-, cost of the case and other relief.

He alleged that he purchased one Chimney from OP no. 1 on 12.11.2020 and paid Rs. 26,109/- but said Chimney is not running at the time of its working. He lodged oral complaint before OP o. 1 and 2. They after receiving said complaint sent one staff at  the house  of the complainant for removal of the defect of the said Chimney.

Lastly, OP no. 1 and 2 had changed the motor of the said Chimney on 25.02.2022 but the said Chimney is not functioning properly.

  Complainant informed the same to the OP no. 1 and 2.

 OP no. 1 and 2 again came to his house on 28.02.2022 but OP no. 2 failed to rectify the said problem.

 Complainant found said Chimney defective from the very beginning.

 Hence, he filed this case.

On perusal of record we found the case is running  ex-parte against OP  no.1- 3 vide order dtd. 12.09.2022.

TRIAL

During trial complainant filed affidavit-in-chief.

DOCUMENTS

         Complainant produced following documents:

1. Xerox copy of  purchase receipt dtd. 12.11.2020 (one sheet original).

2. Challan   dtd. 31.10.2020 in respect of  aforesaid Chimney.

 3. Warranty card. (one  sheet  Xerox ).

BNA

         Complainant filed BNA .

DECISION WITH REASONS

We have carefully gone through the petition of complaint filed by the complainant, affidavit-in-chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant.

We have carefully considered these documents.

 On perusal of the purchased receipt dtd. 12.11.2020 we found that complainant purchased aforesaid products from the OP no. 1 and 2 and paid Rs. 26,109/-.

 We found from the affidavit-in-chief of the complainant that aforesaid Chimney after installation was found defective and within the warranty period he informed the matter to the OP on. 1 and 2 and OP no. 2 visited his house on several occasions.

 On 25.02.2022 OP o. 1 and 2 changed the motor of the said Chimney but problem of the Chimney not yet been solved.

 Problem was again found.

 Thereafter, complainant informed the matter OP no. 1 and 2   and OP no. 2 visited the house of the complainant on 28.02.2022 but failed to rectify the problem of the said Chimney.

 From the aforesaid discussion it is clear before us that complainant is a consumer and OP no. 1-3 are the service provider.

 Having regard to the facts  of the circumstance of this case, evidence on record we find that OP no. 1 and 2 failed to rectify the problem of the Chimney which was sold  to the complainant within the warranty  period  and accordingly, complainant has established the deficiency in service  on the part of OP no. 1-3 and accordingly, he is entitle to relief as per his prayer.

In the result present case succeeds.

Hence,

It is

                                                Ordered

that the present case be and the same is allowed  ex-parte against OP no. 1 -3   with cost of Rs. 3,000/- to be paid by OP no. 1 -3 in favour of the complainant.

 OP no. 1 -3   jointly or severally are directed to   repair the aforesaid Chimney in satisfactory  and workable condition  within 45 days from this date alternatively,  OP no. 1-3  jointly or severally are directed to refund Rs. 26,109/- in favour of the complainant along with interest @ 9 % per annum from 12.11.2020 to till  date of actual payment.

 OP no. 1-3 jointly or severally directed to pay Rs. 10,000/- as  compensation in favour of the complainant within 45 days from this date.

 OP no. 1-3 are directed to comply the aforesaid order within 45 days from tis date failing which complain shall have liberty to put this order  into execution.

Let a copy of this order be supplied to the complainant and OP no. 1-3  as free of cost.

Dictated & corrected by me

              ............................................

                                   PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                    PRESIDENT

                                                                                         (Shri   DAMAN PROSAD BISWAS,)       

            We, concur,

             ........................................                                                 ………………………………                                                  

                       MEMBER                                                                      MEMBER                                                                                                                                

 (NIROD  BARAN   ROY  CHOWDHURY)                                        (SMT MILLIKA SAMADDAR)