West Bengal

Paschim Midnapore

CC/183/2017

Alak Mondal - Complainant(s)

Versus

Nirmal Kumar Baid - Opp.Party(s)

Subrata Das

31 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                 

Complaint Case No.183/2017

 

Alak Mondal, S/o-Late Basudeb Mondal,

 At natunbazar, P.O. & P.S.-Midnapore,

District- Paschim Medinipur

                                                                                      ..…….……Complainant.

Vs.

1. Nirmal Kumar Baid, S/o-Late Punam Chand Baid, Director of Great Eastern Appliances Pvt. Ltd., Keranitola, P.O.-Midnapore,        P.S.-Kotwali, Dist-Paschim Medinipur, Permanent address-15-B, Sarat Bose Road, Kolkata-700020, West Bengal & another.                                                                                                                    

                                                                             ………….….Opp.parties.                                                    

             Order No.6.                                                                                                                   Dated : 31/01/2018.

                Record is put up before us for passing order.

                This hearing arises out of a consumer complaint filed by the complainant Alok Mandal against  the O.P.-Great Eastern Appliances Pvt. Ltd. and M.D. Godraj & Boyce Mfg. Co. Ltd. alleging defects in goods and deficiency in service on their part.

Case of the complainant in brief, is as follows :- The complainant purchased a Godrej WS EDGEPRO 800 CS/8.0K.g. semi auto washing machine manufactured by O.P. no.2 at an amount of Rs.13,000/- on 03/06/2017 at the shop of O.P. no.1. It is stated in the petition of complaint that on 16/10/2017 the said washing machine started  malfunctioning and the complainant informed the same to the customer care centre of O.P. no.2 who after examining the said machine informed/stated the complainant that there was problem in the motor of the machine and noted the same back side of the bill. It is further stated by the complainant that on several occasions he requested the O.P. no.1 to rectify the problem of the machine but the O.P. no.1 did not do the same. Being aggrieved by the behavior of the O.P. no.1, the complainant sent legal notice upon the O.P. no.1 to replace the machine or to  refund Rs.13,000/- to the complainant but O.P.no.1 did not turn up which according to the complainant amounts to deficiency in service on their part. Hence, the complainant, praying for direction upon the O.P.s. to replace the washing machine by a new one or to refund Rs.13,000/-, to pay Rs.10,000/- as compensation and to pay Rs.5,000/- as cost of litigation.

Registered notice upon O.Ps. were duly served. Inspite of service of notice  O.Ps. did not appear in this case for which the case was ordered to be heard ex-parte against O.Ps. by order no.4 dated 05/01/2018.

                                                                                                                                                       Contd………..P/2

                                                                           

                                                                                                                   ( 2 )

To prove his case, the complainant examined himself as PW-1 by tendering a written examination-in-chief and the documents filed by him, have been marked as exhibit 1 to 3 respectively. In his evidence, PW-1-Alak Mandal has fully corroborated the case of the petition of complaint in material particulars, exhibit-1 is an advocate letter dated 03/11/2017 which supports that he informed the said defects of the washing machine to the customer care centre of O.P. no.2 and from this letter it is evident that the customer care centre of  Godrej sent one person namely Sk. Minhaj who examined the said machine and noticed its defect but in-spite of that he, as alleged, did not  get any relief/service towards removing of the said defects by repairing the same by the O.Ps. The allegation of non-availability of service has been substantiated by the complainant since the same is unrebutted as the O.Ps. prefer to remain absent from contesting this case.

Other documents filed by the complainant prove the averment of his grievance. So in view of the oral evidence of PW-1, supported by exhibit 1 to 3, remaining unchallenged and uncontroverted, it is held that the complainants case is proved and he is entitled to the reliefs as prayed for.

It is evident from the documents on record that the O.P. nos. 1 and 2 neither removed the defects from the machine in question by repairing the same nor did took any step to replace the same by defects free new one and therefore, the O.P. nos. 1 & 2 are liable to refund the price of the said washing machine. Since the complainant paid the amount towards price of the washing machine to the O.P. no.1, it is O.P. no. 1 who is liable to pay the said amount to the complainant.                                                                                                              

                               Hence, it is,

                                                            ORDERED

                                  that the consumer complaint case being no. 183/2017 is allowed ex-parte against the O.P. nos. 1 & 2 with cost.

                  The O.P. no.1 is directed to return the sale amount of Rs.13,000/- of the machine in question to the complainant within a month from this date of order.

                   O.P. nos. 1 & 2 are further directed to pay a sum of Rs.2,000/- as compensation to the complainant and Rs.1,000/- as litigation cost  to the complainant with one month from this date of order failing which the total amount shall carry the interest @10% p.a.

                 Let plain copy of this order be given to the parties free of cost.

      Dictated and Corrected by me

                             Sd/- S. Sarkar                         Sd/-P.K. Singha                        Sd/-B. Pramanik. 

                                  Member                                   Member                                    President

                                                                                                                              District Forum

                                                                                                                           Paschim Medinipur