West Bengal

South 24 Parganas

CC/113/2015

Anindya Sengupta. - Complainant(s)

Versus

S.A.M. Appliances Service. - Opp.Party(s)

03 Jul 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _113_ OF ___2015_____

 

DATE OF FILING : 27.2.2015     DATE OF PASSING JUDGEMENT:  3.7.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :   Anindya Sengupta, 21, Anjuman Ara Begum Road, Kol- 33

 

-VERSUS  -

 

O.P/O.Ps                            :    S.A.M Appliances Service P-41, Shyama Pally, Jadavpur, Kol-32.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This complaint gave birth on an allegation that one Geyser of Kenstar was purchased on 1.11.2011 from Big Bazar with two years warranty and six year tank warranty. But unfortunately on the very first day of installation the problems started and the matter was brought to the notice of the Kenster through toll free no.3940-4040  and the complainant engaged their authorized service center  to attend the complainant. But the same has not yet been repaired properly. The complainant apprehends that warranty period was without any fruitful result intentionally elapsed by the O.P. Hence, the complaint.

            It appears that the O.P did not appear inspite of service of summon. Accordingly fixed today for exparte hearing that is why the record is taken up today for exparte hearing. 

                                                           

            Whether a service center i.e. the sold O.P has any liability for defect of Geyser of Kensteror whether the act of the Service Center can be considered as an unfair trade practice.

Decision with reasons

            From the record we do not find any receipt of purchase of Geyser. We only find one warranty of Kenster who has not been made party in this case. It is also appearing that complainant has stated that they intentionally did not return the Geyser and after the warranty period    claiming high value for the repairing works.

            In that score there is no scrap of documents filed by the complainant regarding that excessive charge of repairing. So, on a moment scrutiny we find that this complaint is baseless having no documents of purchase of Kenster with amounts to the tune of Rs.4999/- and Kenster Company was not made a party.

            Apart from that service provider has no liability of any defective goods purchased from  the dealer or manufacturer. It is also interesting to note that inspite of that we could have redressed the matter in favour of the complainant if the complainant has been able to file any documentary evidence that high excessive repairing charge has been made by the O.p and the receipt of the Geyser  but the same has not been done.

            So, we are sorry to say that complainant has not been able to prove his case .

            In this sorry state of affairs, case is dismissed in exparte against the O.P without cost.   

Let a plain copy of this judgement be handed over to the parties free of cost.

 

 

 

                                                            Member                                                           President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

                                                Ordered

 

In this sorry state of affairs, case is dismissed exparte against the O.P without cost.  

Let a plain copy of this judgement be handed over to the parties free of cost.

 

 

 

Member                                               Member                                                           President