West Bengal

South 24 Parganas

CC/309/2015

Dharani Mohan Mandal - Complainant(s)

Versus

Samsung India Electronics Pvt. Ltd. - Opp.Party(s)

30 Oct 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _309_ OF ___2015__

 

DATE OF FILING : 3.7.2015                       DATE OF PASSING JUDGEMENT:  30.10.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             : Dharani Mohan Mandal, C/o Dhirendra Nath Ghosh ,Nutanpally (East), Near Battala Balak Sangha, P.O & P.S Sonarpur, Kolkata - 150

 

-VERSUS  -

 

O.P/O.Ps                            :  1.   Samsung India Electronics Pvt. Ltd. C.I.N –U31900DL 1995PTCO 71387 A 25, Ground Floor, Front Tower, Moihan Cooperative Estate,New Delhi 110044.

                                            2.     Fairdeal International (South), 275, Sahebpara, Sonarpur Station Road, Kolkata – 150.
 

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President       

The short case of the complainant is that he has purchased one Samsung Refrigerator being Model no. Samsung 27 HAJC SAPXF/FREE REE  with the assistance of Bajaj Finance on 5.6.2014. It has further alleged that the O.P delivered different Model at his house inspite of the objection. But the technician or the engineer did not turn up to demonstrate the Refrigerator. It has further been alleged that on 8. 10.2015 the said Refrigerator  was found defective and he informed the same to the manufacturer through the dealer. But the Engineer did not solve the problem and taken the said Refrigerator to the Service Centre and after repair returned the same to the complainant on 14.10.2015 . But thereafter on 22.9.2015 the second time the said Refrigerator was out of order and complainant informed the same to the Company.  On 25.5.2015 the Engineer of the Company came to inspect the said Refrigerator at his house but without solving the dispute left his house. The mater was informed to the dealer but he did not cooperate in the matter. Hence, this case.

Inspite of service of notice and giving opportunity to the O.Ps to contest the case, the O.Ps did not care to appear and contest the case, for which the case proceeded exparte.

Points for decision in this case are whether the O.P nos. 1 and 3 made any deficiency in service after selling the refrigerator or not.

 

 

                                                            Decision with reasons

It appears from the annexure 1 that complainant purchased one Samsung Refrigerator at a price of Rs.26000/- on 5.6.2014 and it further appears from the customer service record card that said refrigerator was giving trouble and defect was detected by the  Engineer i.e. choking problem and other problems. It was detected on 5.6.2014. Thus we find that complainant has been able to prove that the purchased refrigerator was defective as per report of the Service Engineer of Samsung India. Moreover, inspite of receipt of the summon they did not appear . Thus we hold that the complainant has been able to prove that both the O.Ps have acted deficiency in service as well as unfair trade practice . Moreover, Model number of the said refrigerator is not match with the Tax Invoice. Accordingly, we have nothing to disbelieve the unchallenged testimony of the complainant.

Hence,

                                                                        Ordered

That the O.Ps are directed to replace the said refrigerator by a new one preferably higher model or same model as per tax invoice within one month from this date, failing which, O.Ps are directed to refund the total consideration money of Rs.26000/- together with 15% interest from the date of purchase on 5.6.2014 till its realization.

The O.Ps are also directed to pay compensation to the tune of Rs.10,000/- and litigation cost of Rs.2000/- which will be paid jointly and/or severally by the  O.Ps within 30 days from this date, failing which, further interest will carry @9% p.a on the total awarded amount till its realization.

If the O.ps fail to comply the direction as stated above, then the complainant is at liberty to execute this order through this Forum.

Let a plain copy of this order be sent to the O.Ps through this Forum and one plain copy be handed over to the complainant 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

That the O.Ps are directed to replace the said refrigerator by a new one preferably higher model or same model as per tax invoice within one month from this date, failing which, O.Ps are directed to refund the total consideration money of Rs.26000/- together with 15% interest from the date of purchase on 5.6.2014 till its realization.

The O.Ps are also directed to pay compensation to the tune of Rs.10,000/- and litigation cost of Rs.2000/- which will be paid jointly and/or severally by the  O.Ps within 30 days from this date, failing which, further interest will carry @9% p.a on the total awarded amount till its realization.

If the O.ps fail to comply the direction as stated above, then the complainant is at liberty to execute this order through this Forum.

Let a plain copy of this order be sent to the O.Ps through this Forum and one plain copy be handed over to the complainant free of cost.

 

 

 

Member                                                                                                                       President