In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 319 / 2009 .
1) Sri Om Prakash Agarwal,
27, Rose Marry Lane, P.S. Golbari, Dist.- Howrah. ---------- Complainant
---Versus---
1) Sri Ranadhir Chatterjee, Branch Service Manager,
Samsung India Electronics (P) Ltd.,
2) The Manager, Samsung India Electronics (P) Ltd.,
Both of Gr. Floor, 10A, Lee Road, Kolkata-700020.
3) The Manager (Legal), Samsung India Electronics (P) Ltd.,
7th & 8th Floor, IFCI Towers, 61, Nehru Place, New Delhi-110019. -------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 36 Dated 30/07/2012.
The petition of complaint has been filed by the complainant Sri Om Prakash Agarwal against the o.ps. Samsung India Electronics (P) Ltd. The case of the complainant in short is that he purchased a washing machine on 28.10.03 from o.p. at a cost of Rs.7800/- only bearing model no.WS7500A3IG / ATL and serial no.0007590W602289 and the authorized dealer supplied a warranty card to complainant with few terms and conditions laid therein. O.p. delivered the machine to complainant after payment of the entire consideration sum as mentioned above. The said machine operated properly until 20.3.06 although complainant purchased the machine on 28.10.03. Thereafter, on 3.4.06 the personnel of o.p. visited residence of complainant in respect of the mending in respect of the defect of the said washing machine. Complainant also submitted that he had paid Rs.2321/- only towards repair and service charges on 10.5.06 to the personnel of the o.p. Complainant also paid Rs.225/- only towards service charge to o.p. again on 11.2.08. Thereafter, complainant on 13.3.09 demanded from o.p. for replacement of the washing machine.
On the premises aforesaid complainant filed the case with the prayer as stated in the prayer portion of the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and it is revealed from the petition of complaint itself that complainant made payment of Rs.2321/- on 10.5.06 and Rs.225/- on 11.2.08 to o.ps. towards repair and service charge. Despites there is no evidence in the record that duration of the guarantee or warranty whatsoever. Hence, a prudent person can easily understand that definitely there is no guaranty or warranty whatsoever after lapse of long use of more than three years after purchase of the same otherwise the complainant would not pay any payment or whatsoever towards repair and service charge etc to the personnel of o.p. It is also evident from the materials on record that complainant had to incur Rs.2321/- and Rs.225/- for repair of the machine in question and after incurring such amount the machine could not be turned into working condition and this act on the part of o.p. nos.1 and 2 amounts to deficiency of service.
Hence, ordered,
That the petition of complaint is allowed on contest in part against o.p. nos. 1 and 2 and without cost against o.p. no.3. O.p. nos.1 and 2 are jointly and/or severally directed to pay to the complainant RS.(2321+225) = Rs.2546/- (Rupees two thousand five hundred forty six) only and are further directed to pay compensation of Rs.2000/- (Rupees two thousand) only for his harassment and mental agony and litigation cost of Rs.500/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. 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.
