- Tapan Kr. Basu
23J, R.N. Das Road, Dhakuria, Kolkata-700031. _________ Complainant
____Versus____
- Samsung India Electronics Pvt. Ltd.,
4, Lee Road, Kolkata-700020, P.S. Bhawanipore.
- Manager / Authorised Person, Samsung India Electronics Pvt. Ltd.,
66, Syed Amir Ali Avenue, Kolkata-700072, P.S. Karaya. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 17 Dated 29-09-2014.
The case of the complainant in short is that complainant has purchased one Samsung Refrigerator, model no.RT-26GCTSI REF/CTL 255 litre from o.p. no.2 on 20.9.11. The relevant receipt has been annexed by complainant with the petition of complaint. Complainant stated that the aforesaid refrigerator was having manufacturing defect and due to this defect water coming out to evaporating tray which is supposed to evaporate immediately and for which complainant was afraid of causing some mosquito borne diseases malaria, dengue, etc. since mosquitoes are breeding in the stagnant water in the evaporating tray. After a lapse of few months complainant communicated such defect to the office of o.p. at Gurgaon interalia requesting them either free replacement of the said defective refrigerator or return the money by which the refrigerator was purchased. The said letter dt.26.5.12 has been annexed by complainant as annex-2A with the petition of complaint. Thereafter ultimately o.p. no.1 has written a letter to the complainant and the same has been annexed by complainant as annex-3A along with the petition of complaint. In the said letter o.p. no.1 interalia agreed to refund Rs.15,200/- only to the complainant but complainant did not response to that letter. Thereafter complainant files the case before the Forum with the prayers contained in the petition of complaint.
O.ps. had appeared in this case by filing w/v and denied all the basic allegations made against them and submits to dismiss the case.
Decision with reasons:
After considering the submissions of the parties and on careful scrutiny of the materials on record it is evident from the letter dt.14.12.12 issued by o.p. no.1 to the complainant that they have agreed to refund Rs.15,200/- to the complainant which clearly proves that the o.p. has admitted that definitely the refrigerator sold by them with having some defects, otherwise o.p. 1 would not offer to refund Rs.15,200/- to the complainant, if there is no defect in the refrigerator in question.
After discussing and considering the facts above, it is clearly established that o.p. no.1 had made sufficient deficiency in service towards the complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.1 and dismissed without cost against o.p. no.2. O.p. no.1 is directed to pay Rs.15,200/- (Rupees fifteen thousand two hundred) only to the complainant as has been offered by them in the letter dt.14.12.12 to the complainant and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is directed to return the refrigerator in question to o.p. no.1 within three days after realization of the awarded amount as aforesaid.
Supply certified copy of this order to the parties free of cost.
