BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KAMRUP, GUWAHATI
C.C.No- 55/2016
Present:
1)Md.Sahadat Hussain, A.J.S. - President
2)Smt. Archana Deka Lahkar. - Member
Sri Bhuban Sarma -Petitioner
S/o -Late Bhim Kanta Sarma
3-H, Greenwood Residency, Green path,Shah Nagar
Hatigaon,Guwahati-781038
Dist-Kamrup(M),Assam
-Vs-
1.M/S Authorised Philips Service Centre, - Opp. party
System & Devices 11, Md Shah Road,Nepali Mandir,
Near Meghdoot Cinema Hall, Paltan Bazar,Guwahati-781008
2. The Managing Director,Philips India Limited
7, Justice Chandra Madhab Road,Kolkata-700020
West Bengal
Appearance:
The complainant himself conducted the case.
Date of argument- 14.12.2017
Date of judgment- 29.12.2017
JUDGMENT
This is a case u/s 12 of Consumer Protection Act,1986
- The complaint filed by Shri Bhuban Sarma , a retired Engineer , a resident of 3-H,Greenwood Residency ,Green Path, Shah Nagar,Hatigaon ,Guwahati-781038, against 1) M/S Authorised Philips Service Centre, System and Devices and 2) The MD , Philips India Limited was admitted on 29-06-2016 . Notice to the Opp. Party No-1 sent on 09-06-2017 through registered post letter but it has not been returned by the postal department after 30 days from the date of issue of the notice , hence it is deemed that the notice was served on Opp.Party No-1 . The opp. party was absent without step and on 27-07-2017 order has been passed to proceed the case against Opp.Party No-1 on exparte . Notice was served on Opp.Party No-2 . The name of the Opp.Party No-2 has been stricken out by an order on 27-07-2017. The complainant filed his exparte evidence on 17-08-2017 and exparte written argument was filed on 09-11-2017 by the complainant . Finally , we have heard exparte oral argument by the complainant and today we deliver the judgment which is as below:
- The gist of the pleading of the complainant is that the complainant made an argeement with the opp. party on 09-12-2014 to repair a Philips C.D. Recording cum Music System , Model No FWC28/12 (SR NO-IL01002899) with the condition (verbally assured) that , it will be delivered within two days from the date of receiving i.e. 09/12/2014 of the same. That after waiting for near about four months the complainant did not get any information so having no alternative the complainant sent first legal notice on 04-04-2015 regarding failed in duties as promised by the opp. party side. After waiting for another five more months the opp. party side neither replied nor contacted with the complainant through mobile number . Then on 19-09-2015 again another legal notice was given to the opp. party side regarding the repairing and delivering the Music System . That inspite of two nos. of legal notices , the opp. party side neither delivering the music system nor any response from their side.
- We have perused the pleading as well as exparte evidence adduced by the complainant . From Exhibit-1 it is established that the complainant visited the Opp.Party No-1 on 09/12/2014 for repairing the music system for which Opp.Party No-1 issued a receipt showing the name of the complainant B. Sharma , cell number 9435342606, Model No-FWC28 /12 , SR No-ILO1002899 etc. We have found the complainant in his evidence stated that the opp. party side told verbally that 2 or 3 days would be taken for repairing and delivering and accordingly the complainant attended the opp. party side after one week to enquire about the status of the music system. But the opp. party requested the complainant to give another few days time for the delivery of the music system . We have found the complainant in his evidence stated that he did not get any information from the opp. party and then he went to the repairing centre after two months but he was told that they had given order to the company for supplying a part, which was necessary . We have found the complainant stated in his evidence that he attended the repairing centre many times but the opp. party sent him back without delivering the music system . It is seen from the evidence of the complainant that after waiting for near about four months getting no alternative he sent a legal notice on 04/04/2015 regarding failing in delivering of the music system (Exhibit-3). We have found from the evidence of the complainant as well as Exhibit-3 which is a legal notice dtd.04-04-2015 that the complainant through his legal counsel sent a notice through registered post stating about the receiving of the Music System by the opp. party side from the complainant on 09-12-2014 and after four months the opp. party neither repaired the said system nor gave any information about any progress. We have seen from the evidence of the complainant as well as from Exhibit-4 that on 02-11-2015 the complainant again sent a legal notice through his Ld counsel stating about that seven months have passed from the date of receiving i.e. 09/12/2014 the Music System by the opp. party side without doing anything that is to say the opp. party side neither repaired the Music System nor gave any information about any progress of the matter.
- Because of what has been discussed above, we hold that the complainant has a prima facie case against the opp. party side No-1 and he has succeeded to establish his case. Therefore the complaint against the Opp. Party No-1 is allowed on exparte and the Opp. Party No-1 is directed to pay Rs.40,000/- which is the value of the music system to the complainant and also to pay him Rs.5,000/- as compensation for causing harassment to him as well as Rs.5,000/- as cost of the proceeding. They are further directed to pay the awarded amount within 45 days , in default all amount shall carry with interest @ 6% from 09-12-2014 till realisation of full amount.
Given under our hands and seal of this forum on this day 29th December,2017.
Free copies of judgment be delivered to the parties.
(Smt .A.D.Lahkar) (Md.S.Hussain)
Member President
