Ld. Advocate(s)
For Complainant: Tamal Sarkar
For OP/OPs : Debraj Das
Date of filing of the case :01.06.2022
Date of Disposal of the case :21.06.2023
Final Order / Judgment dtd.21.06.2023
Complainant above name filed this case u/s 12 Consumer Protection Act 1986 against the aforesaid Ops praying for order directing the OPs to exchange the compressor and compensation amounting to Rs. 30,000/-.
He alleged in the petition of complaint that on 05.09.2018 he purchased one Samsung Refrigerator from OP no. 3. Since, January 2022 various problems were arisen in the said refrigerator. It was not cooling properly. He compelled to shut down the said refrigerator.
After repeated calls persons of service centre had come and examined the said refrigerator and found that cooling chamber of refrigerator has been damaged from outside and warrantee period in that respect was already expired.
Service man also told that compressor of refrigerator had also been damaged and it was damaged for external injury of cooling system.
They charged Rs. 2,000/- for repairing cooling chamber and 7,000/- for compressor.
Hence, he files this case.
OP no. 2 appeared in this record and filed W/V. He denied entire allegations made in the complaint and further contended that on 27.05.2022 he sent service provider at the premises of complainant and after verification it has detected that there was cooling leakage by the customer and service provider was unable to provide free service as per condition of service mentioned in the acknowledgment of service request.
They further stated that in the damage portion of refrigerator of the complainant, it was found that hole was created by the misuse of the customer. Customer have to pay Rs. 3,500/- for changing cooling leakage and he was also charged Rs, 8,500/- for changing the compressor .
TRIAL
During trial complainant files affidavit-in-chief.
OP no. 2 filed questionnaire.
Complainant gave answer.
DOCUMENTS.
Complainant filed following documents:-
- Tax in voice dtd. 05.09.2018 (Computer Print one sheet).
- Track Repair Status. (Computer print one sheet).
- Photocopy of one documents.( computer print one sheet).
- Second time repair status. (Computer print one sheet).
OP files following documents:-
- Warrantee card (one sheet printed copy).
- Acknowledgment of service request dtd. 27.05.2022 (one sheet computer print with rubber stamp.)
- Acknowledgment of service request dtd. 27.05.2022( one sheet computer print of seal) .
- Photo copy of refrigerator (computer print one sheet).
BNA
Complainant filed BNA. OP no. 2 also filed BNA
Decision with Reasons
We have carefully gone though the petition of complainant, W/V of OP no. 2, documents of complainant, document of OP no. 2, affidavit-in-chief of complainant, questionnaire filed by OP no. 2, answer filed by the complainant, BNA filed by the complainant.
On perusal of the tax in voice dtd 05.09.2028 we find that complainant had purchased one refrigerator from OP n. 3.
On perusal of documents of OP no. 2 we find that on 27.05.2022 engineers of OP no. 2 visited the complainant’s house and examined the said refrigerator and found cooling coil leakage by customer.
OP no. 2 argued before this Commission that such type of leakage is not covered by warrantee.
He further argued that 10 years warrantee only for compressor and warrantee period in respect of other parts is one year. He further argued that complainant purchased said refrigerator on 05.09.2018 and he raised complaint in the month of May 2022 i.e almost after 3 years 9 months.
Ld Adv. for the complainant failed to show that OP no. 2 was bound to repair the leakage cooling system and same was within the warrantee period.
Accordingly, we find that OP no. 2 failed to show that OP no. 2 is bound to repair aforesaid leakage of cooling system.
Ld. Adv. for the OP no. 2 argued that without cooling system compressor cannot be examined on the point that compressor is wrongly functioned or not.
Before examination of compressor cooling system should be repaired at first.
Having regard of the aforesaid discussion it is clear before us that complainant has failed to establish his grievance against OPs and accordingly, he is not entitled to any relief.
In the result present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed on contest against OP no.2 and dismissed ex-parte against other OPs but without any order as to costs.
Let a copy of this order be supplied to the complainant and OPs as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
