Order-8.
Date-03/01/2017.
n Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short, is that, the complainant being allured and induced by the authorized men and agents who impersonated themselves as agent of Bajoria Appliances Pvt. Ltd. (OP2) purchased a Kutchina Opul Chimney (Machine code No.150212407917) from OP1 on 17-05-2015 on payment of Rs.8,000/- by cheque being No.005496 dated 20-05-2015, drawn on PNP Kalighat Branch. The men and the agent of OP2 also assured the complainant about the quality of the product and belileving the same to be true the complainant purchased the subject chimney. The said Kutchina Opul Chimney was installed in the kitchen of the complainant on 22-05-2015 by the men of oP1 but the said Chimney since the very date of installation is found to be defective. The machine also started malfunctioning and did not work properly and was unable to cleans the excess oil of the kitchen. The oil instead of being cleaned by the Chimney used to come down regularly resulting contamination with the food article and make the kitchen uncleaned and unhealthy. Complainant informed about the defect to OP1 and the men and agent of the OP1 came to the place of the complainant, inspected the kitchen and went off. The mechanic of OP2 also failed to bring the chimney into order or to repair it and the machine failed to clean the smoke and oil. The complainant, thereafter on a number of times contacted the OP1 with request to repair and/or replace the said Kuchina Opul Chimney but OP1 did not pay any heed to such request. The complainant also contacted the OP2 at its Care Centre over telephone and alleged the complaint but to no result. The complainant also caused service of legal notice upon the OP1 but the notice came back with postal remark “not claimed”. Complainant has alleged deficiency and unfair trade practice against the OPs. Hence, this case.
None came from the side either of the OPs to contest the case in spite of service of summons. The case has proceeded ex parte against the OPs.
Points for Decision
- Whether the OPs are deficient in rendering service to the complainant?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. Xerox copy of purchase receipt with one year warranty card, Xerox copy of service registration form, copy of legal notice and other documents on record.
It appears that the complainant purchased one Kutchina Opul Chimney Model code No.150212407917 of Bajoria Appliances Pvt. Ltd. on 17-05-2015 from OP1 on payment of Rs.8,000/- by cheque being No.005496 dated 22-05-2015 drawn on PNB Kalighat Branch. We also find that the subject Kutchina Chimney was installed at the kitchen of the complainant on 22-05-2015. It is alleged that the subject chimney was found to be defective since the very date of its installation. It was not functioning properly. Excess oil rolled down instead of being cleaned by the chimney. It also appears that technician from the end of OPs inspected his machine and promised to repair the same but to no good. The machine was neither repaired nor replaced by the OPs. complainant repeatedly approached the OPs to remove the problem or to replace the chimney but OPs failed and neglected to comply the same.
None came from the side of the OPs to challenge or controvert the version of the complainant. The version of the complainant remains unchallenged and uncontroverted. It also appears that the chimney was within the warranty period when complaint was lodged before the OPs from the end of the complainant alleging defect of the subject set. In absence of any contrary and controverting materials on record and as the version of the complainant remained unchallenged and uncontroverted we think that the oPs have been deficient in rendering services to the complainant and we also hold accordingly that the subject machine was defective since the time of its installation.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex parte but on merit against the OPs with cost of Rs.2,500/- each.
OPs are jointly and severally directed to replace the subject chimney by a new one defect-free within one month from the date of this order i.d. complainant will be at liberty to put the decree into execution.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay penal damage at the rate ofRs.5,000/- per month to be paid to this Forum till full and final satisfaction of the decree.
