In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.197/2011
1) Shri Baidya Nath Paul ,
M.S. Apartment, 3rd Floor, Flat B & C,
104, Nabapally Circular Road, P.O. Nabapally,
P.S. Barasat, Kolkata-700126t. ---------- Complainant
---Versus---
1) M/s. Rajni and Co.
74-A, Deshpran Sashmal Road,
1st Floor, Kolkata-33, P.S. Tollygunge.
2) M/s FABERS HEATKRAFT INDUSTRIES LTD.
Survey No.37/1, Pisoli Road, Pisoli
Pune-411028, Maharashtra. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 17 Dated 22/11/2012.
SHARMI BASU, MEMBER
The petition of complaint has been filed by the complainant Shri Baidya Nath Paul against the o.ps. M/s. Rajni and Co. and another. The case of the complainant in short is that complainant purchased Faber’s Hob GB30MT, Gas Oven 1 no. from o.p. no.1 by paying Rs.13,990/- on 1.3.10, where o.p. no.2 is the manufacturer and the installation was done on 1.3.10 by the company. After using the Hob for some days the Hob started giving problem in ignition and other technical problems and the same was informed to the concerned company. He also made a number of complains over phone to o.ps. and their technical person visited complainant’s residence and repaired the Hob and again next day problem recurred and as per complainant, the goods in question is defective and after each repair and service the same problem arose repeatedly. Thereafter, he made another official complain by speed post to o.p. no.1 regarding the problem of Hob on 28.12.10, but no action was taken by o.ps. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. no.2 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. O.p. no.1 did not contest the case by filing w/v and matter has been heard ex parte against o.p. no.1.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. As o.p. no.1 did not contest the case even after valid service of notice, the allegations of the complainant against o.p. no.1 are considered as valid and true. Ld counsel forf o.p. no.2 inalia stated that the Auto Click Knob of the goods in question was replaced by them on 8.12.10 at free of cost and within warranty period as and when complains were made by the complainant, they have visited the residence of complainant.
After thorough observation of facts and circumstances of the instant case, it is crystal clear that complainant has purchased the goods in question on 1.3.10 and it has caused problem time and again within the warranty period. Moreover, o.p. no.2 failed to estate the goods in question was free from any defect and it could be used by complainant without any problem. In the instant we hold that the goods in question which was purchased by complainant, had manufacturing defect i.e. was defective. Now, it is settled principle of law that if the goods in question has manufacturing defect, it should be replaced by a new one of same quality which should be free from any defect by the manufacturer and/or seller or the price of the goods in question should be refunded to complainant by them. In the light of above discussion we are of the opinion that complainant has to suffer harassment and mental agony and he is eligible to get 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. Both o.ps. are jointly and/or severally directed to refund the cost of the goods in question amounting to Rs.13,990/- (Rupees thirteen thousand nine hundred ninety) only to the complainant and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen 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 @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
