- Mr. Santanu Maity,
Anandadhara Apartment, 1st Floor, Flat 2A,
Brojonath Lahiri Lane, P.O. Santragachi,
P.S. Jagacha, Howrah – 711104. _________ Complainant
____Versus____
- Great Eastern Appliances Pvt. Ltd.,
20, Old Court House Street,
P.S. Hare Street, Kolkata-1.
- Samsung India Electronics Pvt. Ltd.,
Sumangal House, Ground Floor,
4, Lee Road, P.S. Bhowanipur, Kolkata-20. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 12 Dated 10-02-2014.
The case of the complainant in short is that complainant purchased a refrigerator model no.RT29CDUX1 / XTL / 2011 on 8.6.11 from o.p. no.1. The refrigerator did not function properly since installation. The inside of the refrigerator was always full of heavy moisture and as such vegetables and other foods are infected with fungal infection. Complainant lodged complaint and accordingly service engineers detected the problem but after several attempts they failed to make it defect free refrigerator. Again complainant lodged his complaint through e-mail and engineer of o.p. no.2 visited to his home to give service and advised the complainant to unplug the refrigerator for a day. Though the complainant followed the instruction the problem continued. Finally on 27.5.12 the refrigerator in question was taken to manufacturer’s place and returned the same on 8.6.12 with stamp “OK”. But to utter surprise the complainant found that same problems were lying with the refrigerator. Therefore, the complainant again lodged his complaint. Accordingly service engineer of o.p. no.2 attended the house of the complainant and detected another problem. As the problem is continuing with that refrigerator complainant lost his faith in respect of product of o.p. no.2. On 28.6.12 complainant sent a legal notice demanding a new refrigerator or refund of money. On 10.7.12 complainant received a letter in which o.p. has requested the complainant to give them another chance to rectify the defect. In response complainant declined the offer on 13.7.12 as previous attempts were failed. For solve of the aforesaid problem complainant informed his complaint before CA & FBP, West Bengal. But o.p. no.2 did not turn up. So finding no other alternative complainant filed the instant application with prayer of refund of Rs.18,300/- as cost of refrigerator with interest, transportation charge, compensation and cost.
Though the notice was served upon both o.ps., o.p. no.1 did not turn up and hence the matter is fixed ex parte as against o.p. no.1.
O.p. no.2 contested the case by filing their w/v. In their w/v o.p. no.2 denied all material allegation interalia stated that o.p. no.2 attempted to provide service to the complainant whenever complainant has made complaint. On 5.9.11 o.p. no.2 could not give service to the complainant due to his non availability. Lastly on 6.7.12 o.p. no.2 attempted further service but the complainant remained absent and subsequently they have intimated the complainant that they will inspect the refrigerator in question and o.p. no.2 waited for the confirmation on the part of the complainant (vide letter dt.4.7.12 given by o.p. no.2). O.p no.2 has stated that on examination they have found that the refrigerator in question is free from any defect. Therefore, o.p. no.2 prays for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that the complainant has purchased the refrigerator in question from o.p. no.1 on 8.6.11. It is also admitted fact that whenever the complainant sought for service from o.p. no.2, they have given the proper service. Ultimately o.p. no.2 found that the refrigerator in question is free from any defect. The complainant has admitted in his petition that on 28.6.12 he has demanded a new refrigerator and refund of money. On 10.7.12 he received a letter with request for another chance to rectify the defect. On 13.7.12 complainant has declined to that request as previous attempts were failed. But the complainant has filed the instant case as such problem lying with the refrigerator is still continuing. Therefore we are in the view that the complainant is entitled to get relief in part.
Hence, ordered,
That the case is allowed in part on contest with cost against o.p. no.2 and dismissed against o.p. no.1 ex parte. O.p. no.2 is directed to get the refrigerator repaired (free from all defects) within 30 days from the date of communication of this order and o.p. no.2 will bear charge to and fro freight for such purpose. O.p. no.2 is also directed to pay to the complainant litigation cost of Rs.2000/- (Rupees two 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.
