In the Court of the Calcutta District Forum, Unit-I
CDF-1/Case no. 297 / 2006
Sri Biswendu Goswami,
3, R.N.C. Road, East Subhasgram, Kolkata-700147 …... Complainant
vs.
M/s. Hitachi Home & Life Solutions (India) Ltd.,
Hitachi Complex, Karan Nagar, Kadi,
Dist. Mehsana-382727, Gujrat and another …... Opposite parties
Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Order no. 7 dt. 03.05.2007
The petitioner has approached this forum for a relief directing the o.p.no.2 to replace the defective air conditioner alternatively directing the o.p.no.2 to refund the entire consideration money Rs.26,200/- paid by the complainant against the said product along with other reliefs.
The petitioner alleged that he purchased an air condition machine from the o.p.no.2 on payment of Rs.26,200/-. He paid entire consideration money. The said machine was installed at the resident of the complainant on 10/5/06. From the date of installation said machine did not function. Accordingly, the petitioner requested the o.p.no.2 to take necessary steps. But the o.p.no.2 did not pay heed. So, the petitioner came before this forum for relief.
Notices of this consumer complaint had been duly served upon the o.p. nos.1 and 2. The o.p.no.1 is the dealer of the air conditioner. The o.p.no.1 filed w/v contending interalia that the o.p.no.2 is neither a dealer nor an agent of o.p.no.1 and they have no knowledge about the sale of the machine to the petitioner or they have no knowledge how the o.p.no.2 procured the warranty card and the product. The o.p.no.2 appeared in this proceeding but ultimately they did not contest the consumer complaint nor any w/v was filed denying the allegations of the petitioner. Therefore, it is unchallenged that the petitioner purchased the air condition machine from the o.p.no.2 with a warranty card at a consideration of Rs.26,200/- and the said machine does not operate from the date of installation. Even after request on the part of the petitioner, the o.p.no.2 did not pay heed to it. The o.p.no.1 has no nexus in the alleged transaction nor any relief is sought for against the o.p.no.1. Accordingly, the present consumer complaint succeeds and the petitioner is entitled to relief in terms of the prayer. The consumer complaint is awarded in the following terms.
The o.p.no.2 is directed to replace the air conditioner or refund the entire consideration money of Rs.26,200/- (Rupees twenty six thousand two hundred) only within two months from the date failing which the o.p.no.2 will be liable to pay an interest @ 8% p.a. on the amount of the consideration money till realization. The o.p.no.2 is also directed to pay compensation Rs.5000/- (Rupees five thousand) only and litigation cost Rs.2000/- (Rupees two thousand) only within that time failing which it will carry an interest @ 8% p.a. till realization. The present consumer complaint is dismissed as against the o.p.no.1.
________________ ________________
Member President
- Banerjee Arup Kumar Das
