In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 20 / 2011.
1) Nandita Saha and Sujit Kr. Saha,
52d/11/1a, Babubagan Lane, Dhakuria, Kolkata-700031. ---------- Complainant
---Versus---
1) LG Electronic India Pvt. Ltd.,
1, Ho Chi Min Sarani, 6th Floor, Metro Towers, Kolkata-70. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 1 3 Dated 2 7 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Nandita Saha and Sujit Kr. Saha against the o.p. L.G. Electronics India Pvt. Ltd. The case of the complainants in short is that complainants purchased a LG microwave oven on 21.4.01 being model no.605 S No.01811 manufactured by o.p. on payment of a consideration of Rs.14,100/- from the dealer of o.p. After expiry of warranty period complainants took AMC with o.p. and paid Rs.3030/- for the period of 1.4.07 to 31.3.07. In the month of 2010 the said oven stopped functioning and complainants reported the matter to o.p. and o.p. sent technician and technician advised to change some parts and assured them that the defective parts would be replaced by o.p. and after lapse of some months o.p. informed them that the parts for which defects in the said oven was not available in the market and as such, not remedy could be afforded by o.p. the complainants. Hence the case has been filed by the complainants with a prayer mentioned in the prayer portion of the petition of complaint.
O.p. had entered its appearance in this case by filing w/v denying all the material allegation labeled against it and prayed or dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties and evidence and documents in particular and it is an admitted fact that o.p. was supposed to repair the said oven as it was under within the valid coverage policy of AMC and o.p. cannot take the plea that for want of parts the oven cannot be repaired and o.p. cannot shirk off its responsibility being a service provider to its consumers / complainants and complainants are entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.5000/- (Rupees five thousand) in cash subject to handover the old microwave oven to o.p. by complainant. O.p. is directed to pay compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
