FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

The case of the complainant, in brief, is that the complainant purchased a lifestyle speaker system from the OPs by paying rs.2,35,025/- and executed a three years comprehensive maintenance contract service with the OPs vide order no. 20354002 and invoice no. 914502543 dated 09/07/2019. The validity period of the service contract is 09/07/2019 to 08/07/2022 and paid total service contract bill amounting of Rs.84,252/-. Thereafter the complainant faced problem in the said speaker system on 24/12/2020and therefore submitted service request to the OPs, however, none of the service provider visited to check the system. The complainant also approached before the Manager of the OP1’s stores in Quest Mall Kolkata Unit Nos 309 & 325 Quest Indulge, 33 Syed Amir Ali Avenue, Kolkata – 17, but he is unable to get the maintenance service. In such circumstances, the complainant took the action to serve the pleader notice dated 22/07/2021 upon the OPs but no action is taken till now. Finding no other option the complainant knocked the door of this Commission.

            OPs did not contest the consumer complaint despite service of notice. No WV has been filed by the OPs within the statutory period. Thus, the case runs ex parte hearing against the OP.

In support of his case the complainant has tendered evidence supported by an affidavit and also relied upon documents annexed with the complaint petition. We have heard argument on merit and have also perused the record.

Evidently, the complainant had purchased a Life Style 600 BLK by paying Rs.2,24,910/- to the OPs . There is also no dispute that an Agreement executed between the parties regarding Comprehensive Maintenance Contract for the period of 09/07/2019 to 09/06/2022 and for that the complainant paid an amount of Rs.84,252/- 09/07/2019 to the OPs. Ld. Advocate for the complainant alleged that the complainant faced problem in the said speaker system and on 14/12/2020 the complainant submitted service request to the OP’s service engineer, but none of the service person attended his request. Photocopy of the e-mail dated 24/12/2020 sent by the complainant to the OPs support his contention. Photocopies of legal notices reveal that the complainant made several efforts to get the said service.

            It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition.

In view of the above facts it is observed by us that, the incident is very unfortunate that OPs 1 to 5 have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.

Based on the above discussion we disposed of the consumer case in the following terms:-

1.         OPs 1 to 5 are jointly and severally directed to pay an amount of Rs.84,252/-to the complainant as compensation.

2.         OPs 1 to 5 are also jointly and severally directed to pay Rs.10,000/-as cost of litigation to the complainant.

3.         Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @ 12% p.a. from the date of the order till its realization

The instant Consumer Complaint is thus allowed in part on ex parte against the OPs 1 to 5.

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.