NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 252/2015
Date of Filing: Date of Admission Date of Disposal:
29.04.2015 15.05.2015 20.08.2015
Complainant/s = Vs. = O.Ps.
Animesh Saha, 1. The Manager/In-Charge,
Father of Arka Kr. Saha, Hitachi Home and Life
15, D. N. Chatterjee Road, Solutions (India) Ltd,
P.O. Alambazar, 333/D, Jessore Road,
Kol-700035. Ground Floor, Kol-89.
2. The Manager, Service
Operations, Hitachi Home
And Life Solutions (India) Ltd,
9th Floor, Abhijeet-1,
Mithakahli Six Road, Navarang,
Ahmedabad- 380006.
Advocate Name for the complainant:- Amalendu Bikas Mahapatra.
Advocate Name for the OPs:- X.
P R E S E N T :- Smt. Bandana Roy ….….…....President
:- Sri Rabideb Mukhopadhyay…..Member
J U D G E M E N T
Facts of the case, in short, is that the complainant’s his son, Sri Arka Kr. Saha purchased an Air Conditioner (AC) of Hitachi Brand the description of which being Hitachi KAZE RAC018KQDD 1.5 ton at a price of Rs. 27,000/- from the showroom of Anmol Electronics, 1/1, B. T. Road, Dunlop Bridge, Kolkata- 56 on 19.04.12.
The complainant stated that an Annual Maintenance Contract in the form of contract was made in between the local Hitachi Home and Life Solutions (India) Ltd. situated at 333/D, Jessore Road, Kol- 89 and his son Arka Saha for the period of one year from 13.11.13 to 12.11.14 for providing four routine services in a year along with other repair / replacement work with the consideration amount of Rs. 3,523/- and paid.
The complainant further stated that the service agency did not care to take steps even for a single servicing even after seven months for which the complainant invited the attention of the Manager, Service Operations by his letter
Dictated and corrected Contd. …. 2/-
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of request on 12.06.14 and without having any response from the other side, he was able to contact the customer care centre on 26.05.14, the complaint No. being 14052602482 with an assurance of a visit of their service personnel within forty eight hours, but nobody turned up.
The complainant also stated that the another letter to the Manager, Service Operation, Hitachi Home and Life Solutions (India) Ltd was sent informing about non-performance of AMC as to servicing of AC on 25.06.14 with a request to take care off in this regard.
The complainant further stated that he sent another letter dated 21.07.14 with a request to adhere to the terms in the aforesaid contract but evoked no response.
The complainant also stated that he, being failed by his negotiations, approached the Consumer Affairs and Fair Business Practices Directorate, Govt. of West Bengal, Purta Bhavan, Salt Lake for redressal of his grievances. It is highly unfortunate to state that in spite of the Date’s best efforts, the problem is not possible resolved owing to the intention leading to unfair trade practices of the O.P. Consequent upon the Asstt. Director of the concerned Directorate advised the complainant to approach this Hon’ble Forum on 13.02.15. Hence the complaint.
The O.P did not turn up to contest the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Complainant has submitted affidavit in chief in support of his contention in the complaint. Complainant submitted the documents in support of his claim. We have perused the documents. O.P did not turn up to controvert those documents. Hence we are no hesitation to hold that complainant is entitled to get relief as prayed for.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.Ps.
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The O.P is directed to pay back the amount of Rs. 3,523/- along with interest @ 9% since 13.11.13 to the date of payment to the complainant within one month from the date of this order.
The O.P is further directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.Ps shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.Ps in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
