C.F. CASE No. : CC/13/12
COMPLAINANT : Bangshi Badan Ghosh,
S/o Late Bharat Chandra Ghosh
Vill. Amin Bazar, P.O. Krishnagar,
P.S. Kotwali, Dist. Nadia
– Vs –
OPPOSITE PARTIES : 1) Prop. Pinky Electricals,
D.L. Roy Road, Beldangamore,
(Ananda Lodge), P.O. Krishnagar,
P.S. Kotwali, Dist. Nadia
2) Chief Authority,
Kolkata Videocon Care Centre,
1/93, M.M. Ghosh Road,
Dum Dum, Kolkata 700074
3) Prop.Tallapatra Customer Care,
3, Mohitosh Biswas Street. Sastithala,]
P.O. Krishnagar,
P.S. Kotwali, Dist. Nadia
PRESENT : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT
: SMT REETA ROYCHAUDHURY MALAKAR, MEMBER
DATE OF DELIVERY
OF JUDGMENT : 3rd June, 2013
: J U D G M E N T :
The petitioner, Bangshi Badan Ghosh has filed the instant case against the OP No. 1, OP No. 2 & OP No. 3 under Section 12 of CP Act, 1986. The Petitioner purchased the refrigerator (Videocon Make) on 12.04.07 from Pinky Electricals and paid a sum of Rs. 11,800/-. The model No. is S33 & Serial No. is 9370300213. The refrigerator was not working properly right from purchase and the compressor and the coil were not working properly. The machine had manufacturing defect and so it had to be sent for servicing repeatedly to OP No. 3. The petitioner took the refrigerator to the service centre on 02.06.2010 and OP No. 3 charged Rs. 2,100/- for repairing but he could not remove the defect. Again the petitioner took the refrigerator on 24.09.11 and again paid Rs. 1600/- but this time also the refrigerator could not be repaired by the OP No. 3. When the petitioner bought the machine from the OP No. 1 he got an warranty card where mentioned that the company will be liable to repair the machine for the next 6 years free of cost for any mechanical defect, but the company failed to keep their promises. So the petitioner being a consumer under the Ops has suffered due to the deficiency of the latter and hence, has come to this Forum for relief with the following prayer.
1) The petitioner has claimed the refund of the value, i.e., the purchase price of the refrigerator (Rs. 11,800/-)
2) The petitioner has also claimed a compensation of Rs. 30,000/- along with litigation cost.
The OP No. 1 & 3 appeared after receiving the notice for once but took time to file WV as well as vokalatnama. Subsequently they never took any step and also did not file WV Hence, the Forum declared that the case will run exparte against them vide order 18, Dtd. 27.09.2012. The S/R of OP No. 2 was not received long time and the petitioner was also not interested to take fresh steps upon this OP No. 2 even after getting several opportunities so the Forum expunged the name of OP No. 2 for sake of speedy trial.
Petitioner filed the evidence of PW 1 & PW 2. From the evidence of PW 2 Sri Abdul Razzak Mondal who is an expert in repairing refrigerator, TV & other electronic equipments. It is quite clear that the machine had a manufacturing defect so it could not be repaired by the Ops. He also proved that the refrigerator had problem in the coil as well as compressor.
From the pleadings of the complainant and the affidavit as well as written argument we framed the following issues:
Issue No. 1) Whether the complainant is consumer under the OP No.1?
Issue No. 2) Whether the complainant suffers from deficiency of service?
Issue No. 3) Whether the complainant is entitled to get the relief as prayed for?
DECISION WITH REASONS
Issue No.1: The petitioner is a consumer under the Ops as he has purchased the refrigerator from the OP No. 01 for an amount of Rs. 11,800/- vide challan No. 159, dtd. 1204.2007.
Issue No. 2 & 3 are taken together for the sake of convenience and brevity.
The unchallenged testimony of the complaint Sri Bangshi Badan Ghosh along with the documentary evidence has proved the case of the complainant. Hence, the complainant is entitled to get the relief under Section 12 of the Consumer Protection Act. The case is allowed exparte against OP No. 1, 2 & 3. The DD paid is correct.
Hence,
Ordered,
That the case, CC/13/12 be and the same is allowed exparte. The Ops are jointly and severally liable to refund the cost the refrigerator of Rs. 11,800/- through cash or demand draft and take back the refrigerator on that date within one month from the date of order. The Ops are also directed to pay a compensation of Rs. 2,000/- for mental harassment & litigation cost of Rs. 1,000/- along with refund money, in default of payment the amount of Rs. 14,800/- ( Rs. 11,800/- + Rs. 2000/- + Rs. 1,000/-) shall carry interest @6% from the date of order, i.e., 03.06.2013 till final payment.
Let a copy of this judgment be delivered to the parties free of cost.
