Judgment dated 15-06-2016

            This is a complaint made by one Ashim Kumar Ghosh against Rainbow Service Centre praying for an order directing the OP to provide the annual maintenance of Kent UV Water Purifier, PF Set (Iron Remover) and Ultra Fresh Kitchen Chimney, an order directing the OP to pay Rs.50,000/- as compensation for mental agony and harassment and also Rs.10,000/- for litigation cost.

            Facts in brief are that OP is a authorized service centre which deals with service of Kitchen chimney, water purifier and all kinds of home appliances whose office is situated at E-19/1, Sarsuna Housing Estate, Kolkata- 700 061.

            Complainant entered into an agreement on 15-12-2013 for annual maintenance of Kent UV Water Purifier for a period of two years, PF Set (Iron Remover) for a period of two years and Ultra Fresh Kitchen Chimney for a period of one year. Complainant paid a sum of Rs.3,950/- to the OP by cheque and also by cash. Complainant further paid Rs.800/- for renewing the extension of services of Ultra Fresh Kitchen Chimney.

            OP undertook to perform two years quarterly servicing for the Kent UV Water Purifier, PF Set (Iron Remover) and one year quarterly service for Ultra Fresh Kitchen Chimney. But it is observed that OP did not make any services after 24-04-2015 i.e. he did not provide two quarterly services. Complainant issued a letter to the OP for making service but of no use. So Complainant filed this case.

            On the basis of above facts complaint was admitted and case was fixed for filing written version. But OP did not file written version and so the case was heard ex-parte.

            In the meantime OP appeared and the Forum allowed the prayer of OP for filing written version but against this order was set aside and so the case continued to be heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief and written argument.

            On perusal it appears that Complainant has reiterated the facts mentioned in the complaint petition.

            Further, it appears that Complainant has filed Xerox copy of certain document.

            Main point for determination is that whether Complainant is entitled to the reliefs as prayed for.

            Complainant’s first prayer is to make a direction to the OP for providing the annual maintenance of Kent UV Water Purifier, PF Set (Iron Remover) and Ultra Fresh Kitchen Chimney.

            On perusal of the document it appears that Complainant paid Rs.4,750/- for eight quarter servicing out of which two quarter servicing was not made and the servicing was to be done up to 15-12-2015. Now it is 2016 and hence at this juncture the direction for annual maintenance cannot be awarded as because Complainant has not filed any receipt that he has paid maintenance charges for 2016 also. At best Complainant can get the refund of the proportionate amount for which servicing was not done which comes to around Rs.600/- .

            Further, Complainant has prayed for compensation of Rs.50,000/- and litigation cost of Rs.10,000/-. In our view if compensation of Rs.2,000/- and litigation cost of Rs.1,000/- is awarded object of justice would be served.

            Hence,

O R D E R E D

            CC/19/2015 and the same is allowed ex-parte.

            OP is directed to pay Rs.3,600/- in total to the Complainant within two months of this order otherwise the amount shall carry 12% interest from the date of this order till realization.

            Accordingly, CC/19/2015 and the same stands disposed off.