FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

            The case of the Complainant, in a nutshell, is that, the complainant purchase an Air Conditioner Machine from the OP on 23/04/2022 by paying an amount of Rs.33,974/- . just after the installation the Air Conditioner machine appeared to be faulty and the Complainant informed the same to the OP and the OP sent their mechanic to restore the service. But the said machine keeps stop working. Thereafter the Complainant sent a Notice to the OP on 18/10/2022 requesting them to exchange said machine but the OP remained unanswered. Therefore the Complainant has compelled to file this case before this Commission for relief/ relief.

OPs despite service of notice of the Complaint have failed to file Written Version within the limitation provided u/s 38(2) of the Consumer Protection Act, 2019. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OPs to file W.V is closed.

Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint.

The Complainant has taken us through the Consumer Complaint as also adduced the evidence. On perusal of photocopy of the TAX INVOICE CUM DELIVERY CHALLAN dated 24/04/2022  it is found that the Complainant paid an amount of Rs.2,500/- through Debit Card and Rs.10,072/- by cash out of total consideration amount of Rs.33,974/- and Finance Due amountwas Rs.20,478/- in respect of the said Air Conditioner.

Ld. Advocate for the Complainant has categorically alleged that despite contacting the OP on several occasions the dispute of the machine in question remain the same. Photocopies of the chat between the parties reveal that the machine in question has stopped working properly many times. It is also alleged by the Ld. Advocate for the Complainant that a Notice dated 18/10/2022 has also sent to the OP with a request for exchanging faulty machine but the OP has neglected to reply the same. As the OP has opted not to file Written Version despite service of notice of Complaint, the above allegations of the complainant is deemed to have been admitted as correct.There is also no doubt that the Complainant tried to resolve the dispute by contacting the OP and also sent a Notice dated 18/10/2022 to the OP.

OP is fully aware that they are liable to take responsibilities for resolving the dispute of the machine in question for which they have received the money from the Complainant. Complainant invested his hard earned money with the OP by purchasing the said Air Conditioner. If the said machine is not working properlythen the OP cannot shook off their liability deliberately depriving the Complainant from his lawful right. Thus, the OP has adopted unfair trade practice, and in fact, remaining unturnedon receipt of the Notice dated 18/10/2022 OP has undoubtedly adopted unfair means of trade. Complainant cannot wait indefinitely to get the right product. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.

In view of the foregoing discussion, we are of the view that the Complainant is entitled to get relief/reliefs along with compensation and litigation cost.

Thus, the Consumer Complaint is allowed with following directions:-

1.         OP is directed to exchange the Air Condition machine in dispute of the Complainant by a new one of same model within 30 days from the date of passing of this order.

2.         OP is directed to pay Rs.10,000/- only as compensation for mental agony, pain and harassment to the Complainant within the stipulated period.

3.         OP is directed to pay a sum of Rs.5,000/- as cost of litigation to the Complainant within the stipulated period.

With these directions the present Consumer Complaint stands disposed of.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.

 Copy of the Judgment be given to the parties as per rules