| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No.39 of 2014 Sri Dilip Ranjan Nath, …………………………..………………………. Complainant. -V/S- The Manager, SANDYA ENTERPRISE N.N. Dutta Road (Opp. Jain Bhawan), P.O.- Silchar-988001, P.S- Silchar, Dist.- Cachar, Assam……………… Opp. Party. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Sri Amalendu Nag , Advocate for the complainant. Sri Moulendu Prasad Chakraborty, Advocate for the O.P. Date of Evidence……………………….. 30-04-2015 Date of written argument……………… 17-05-2017 Date of argument………………………. 18-08-2017 Date of judgment………………………. 29-08-2017 JUDGMENT AND ORDER Sri Bishnu Debnath, - Sri Dilip Ranjan Nath (Complainant) brought complaint against Manager, Sandhya Enterprise (O.P) U/S 12 of the Consumer Protection Act. 1986 for award of compensation because of disservice for repairing his Refrigerator vide Model No.1 GR 2211TS, Sl. No. 101829.
- He stated that the Refrigerator has purchased on 28/02/2002 from M/S Anandalook of Club Road, Silchar vide bill No. 1074/26/20-03. In the month of September 2013, the said refrigerator stopped running. Accordingly, on approach O.P send one mechanic with repairing articles with Memo receipt Sl. No. 676 dated 30/10/2013 of Rs.5,300/-. The mechanic of the O.P had done his job for repairing the said refrigerator and the Complainant paid the charge amount of Rs.5,300/-. But refrigerator was not functioning properly.
- Hence, the Complainant approached the O.P, 3(three) times to correct the repairing done by mechanic. Lastly he approached on 30/01/2014 but the O.P refused to do so. Hence, issued pleaders notice on 12/02/2014.
- Notice received by the O.P from this District Forum and submitted W/S. In the W/S stated inter alia that there was no disservice on his part and mechanic done the job in the individual capacity of the mechanic. So, the O.P has no responsibility.
- During hearing the Complainant submitted deposition supporting affidavit and also exhibited cash memo of purchasing of refrigerator, receipt issued by the O.P for repairing charge of Rs.5,300/- and copy of pleaders notice. The Ld. Advocate of the O.P also submitted written argument. We have also heard oral argument of the Ld. Advocate of the Complainant. The O.P after submitting W/S did not take step to adduce evidence. None has appeared on behalf of the O.P to submit written argument or oral argument.
- In this case from the oral evidence of the Complainant and Ext.1 cash memo, it is crystal clear that the Complainant purchased the refrigerator vide Model No.1 GR.2211TS, Sl.No. 101829 on 28/02/2002 for Rs.12,200/-. The Complainant deposed that the O.P send mechanic to repair the refrigerator and he paid repairing charges of Rs.5,300/- vide Ext.2 receipt. The report issued on 30/01/2013 and the Complainant also deposed accordingly to support the above fact. In the Ext.2 neither name of the Complainant is written not the refrigerator model description is given. Anyhow, the Complainant by adducing oral evidence tried to establish the fact that the mechanic of the O.P repaired the aforesaid refrigerator. The said fact is remain unrebutted in the evidence on record. It is also revealed from Ext. 2 that the report issued on behalf of the O.P. Hence, the Complainant is Consumer of the O.P. But the Complainant deposed that the refrigerator is not functioning properly after repairing. The said fact is not challenged by the O.P by adducing convincing materials. Hence, we believe the fact stated by that Complainant.
- As such, we find fact of disservice of the O.P for not correcting the repairing job done by his mechanic. So, the O.P is liable to pay compensation of Rs.20,000/-(Rupees Twenty thousand) only with cost of the proceeding of Rs.2,000/-(Rupees Two thousand) only. The awarded amount of total Rs.22,000/-(Rupees Twenty two thousand) only to be paid within 45 days from today. In default, interest to be paid on awarded amount at the rate of 10% per annum till realization of the full.
- With the above, this case is disposed of accordingly on merit. Supply the free certified copy of the Judgment to the parties.
Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 29th day of August, 2017. | |
