DATE OF FILING : 06-05-2014.
DATE OF S/R : 10-07-2014.
DATE OF FINAL ORDER : 17-12-2014.
Sri Basudev Banik Majumder,
son of late Hari Narayan Banik Majumder,
residing at 72/2, Dharmatala Road, P.O. Salkia, P.S. Malipanchghora,
District Howrah……………………………..…………………………………….. COMPLAINANT.
Versus -
- Salkia Radio Enterprise,
situated at 97/99, Sree Arabinda Road, P.O. Salkia,
P.S. Golabari, Howrah – 711106.
- Hitachi Home & Life Solutions ( India ) Ltd.
represented by its General Manager,
at 9th floor, Abhijit 1, Mithakhali Six Roads, Navrangpura,
Ahmedabad – 380006……………….………..…………………………OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
- Complainant, namely Basudev Banik Majumder, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund the cost of the A.C. Machine and to pay Rs. 1,00,000/- compensation including litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of this case is that complainant purchased one A.C. Machine of window type with 1.5 ton load from O.P.1, duly manufactured by O.P.2, on payment of Rs. 33000 on 13.04.13. But immediately after the installation, the machine was not functioning properly and complainant informed O.P.1, which is also the service centre of O.P.2 with the request to replace the said machine. It is alleged by the complainant that although O.P.1 gave verbal assurances to replace it if the problem arises again during its warranty. But it is a fact that the problem arose again and the machine has been remaining idle from its very installation which was also informed to O.P.2. Complainant is not getting any service from the said machine and his grievance is also remaining unaddressed and unsolved. It was also informed to both O.P.s that the warranty shall be over by 12.04.14. Still o.ps. remained silent and did not bother to redress the problem. Ultimately, on 06.05.14, finding no other alternative, complainant filed this instant case praying for the aforesaid relief.
- Notices were served upon the O.Ps. But neither they appeared nor filed any W/V.
Accordingly, the case was heard exparte.
- Decision with Reason
- We have carefully gone through the complaint / petition, and its annexures and noted their contents. Complainant lodged a complaint with O.P.2, manufacture and he was given a complaint being no. 13050802139 but no post sale service was provided by the O.P.s till the filing of this case. He purchased the machine after making the full payment of Rs. 33000. And O.P.s, even after hearing that the said machine has been lying completely dead, remained silent. They have totally forgotten that the success of their business totally depends upon the consumer satisfaction. For the entire year, specially during summer season of 2013 and 2014, complainant had to suffer the scorching temperature in spite of spending such a good amount of Rs. 33000 for buying an A.C. Machine. O.P.s have simply ignored the spirit of value for money, which should not be allowed to be perpetuated any more. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 270 of 2014 ( HDF 270 of 2014 ) be allowed as exparte with costs against the O.Ps.
That the O.P.s are jointly and severally directed to return Rs. 33000 within one month from the date of this order i.d., the entire amount shall carry 10 percent per annum interest from the date of this order till full realization.
That the O.Ps. are further directed to pay Rs. 5000 as compensation and Rs. 2000 as litigation costs.
That the O.Ps. are directed to pay the entire decreetal amount of Rs. 40000 within one month from the date of this order.
That the complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
