In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No.13 / 2012 . 1) Smt. Mahua Guha Basu, 22, Talpukur Bagha Jatin Road, Kolkata-86, P.S. Patuli. ---------- Complainant ---Versus--- 1) M/s. Cams Corner (P) Ltd. C-105, City Centre, D.C. Block, P.S. Salt Lake, Kolkata-64. 2) M/s. L.G. Electronics India (P) Ltd. 1, Ho-Chi-Min Sarani, 6th Floor, P.S. Shakespeare Sarani, Kolkata-71 ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Smt. Sharmi Basu ,Member Order No. 13 Dated 19/02/2013. The case of the complainant in short is that complainant purchased a brand new A.C machine a product of M/s. L.G. Electronics India (P) Ltd. (LGEIL) having its office at 1, Ho-Chi-Min Sarani, 6th Floor, Kolkata-71. The said A.C. machine was purchased by the complainant from the company’s dealer M/s. Cams Corner (P) Ltd. of their show room situated at C-105, City Centre, DC Block, Salt Lake, Kolkata-64. Complainant purchased the said machine on 4.11.10 vide invoice no.S-1222 being model no.AC-LSA-ICG2AFB (1 Ton) against Rs.17,000/- vide their bill dt. 5.11.10. Complainant was also provided with a warranty card of the LGEIL without putting any date or company seal on it. Immediately after installation of the said machine it was found that the machine was not working properly so far as the cooling part is concerned and the matter was duly reported to o.p. no.1 on the following day by complainant and as advised by o.p. no.1, complainant immediately contacted their authorized service centre. Engineers and technical experts of the said service centre visited and examined the machine thoroughly and have carried on series of tests by dismantling, refitting, repairing etc. for days together, but all their efforts ended in smoke. Complainant, thereafter, wrote letters dt.28.6.11 to both the o.ps. communicating the entire matter requesting them to replace the said machine against a fresh one. Since no action was still taken by o.ps. a pleader’s notice dt.29.9.11 was served upon both the o.ps. aat the request of the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint. O.p. no.2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.1 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2. Ld. lawyer of o.p. no.2 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Decision with reasons:- We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant purchased an A.C machine from o.p. no.1 on 4.11.10 at a consideration of Rs.17,000/- and complainant further stated that she was provided a warranty card on LGEIL without any date or company’s seal on it and immediately after installation the machine was not working properly and the matter was brought to the notice of o.p. no.1 and at the advice of o.p. no.1, complainant contacted the authorized service centre of o.ps. and the engineer and technical expert of the said service centre visited and examined the machine thoroughly, but all efforts ended in smoke and after verbal discussion with the engineers of o.ps., the complainant came to know that the machine was entirely defective and was not at all in a working condition. Complainant wrote letter on 18.6.11 to both the o.ps. with the request to replace the said machine against a fresh one, but o.ps. did not pay heed to her request. In view of the above findings and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest with cost against o.p. no.2 and ex parte with cost against o.p. no.1. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.17,000/- (Rupees seventeen thousand) only being the consideration amount of the A.C. machine in question and compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
