West Bengal

Paschim Midnapore

CC/87/2016

Chandan Kumar Bose - Complainant(s)

Versus

Satyajit Dewan - Opp.Party(s)

Somasish Panda

21 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

Kapot Kumar Chattopadhyay

 

   

Complaint Case No.87/2016

 

Chandan Kumar Bose S/o-Sankar Prasad Bose at Rangamati,

P.O.-Vidyasagar University, 

P.S.-Kotwali, Dist-Paschim Medinipur…..….………Complainant

Versus

Satyajit Dewan, proprietor of MODERN REFRIGERATION at Ashokenagar,

P.O.-Vidyasagar University, P.S.-Kotwali,

Dist-Paschim Medinipur………....…Opposite. Party.

 

 For the Complainant:  Mr. Somesh Panda,  Advocate.

 For the O.P.              :  

 

Decided on: - 21/02/2017

                               

ORDER

                         Mrs. Debi Sengupta, Member – The case of the complaint case in a nutshell is that the complainant is the permanent resident of Rangamati within the jurisdiction of this Forum. The complainant states that he faced problem with his refrigeration and for the recovery of the said problem the complainant met with the O.P. being the repairer of refrigerator running the business under the name and styled of MODERN REFRIGERATION. For consultation of said repairer O.P. said that some parties are required to be altered or changed for short out the existing problem.  The complainant agreed to change those parts and the O.P.  took Rs.3,020/-(three thousand twenty) only for giving service and for alter the effected parts of the refrigerator.

Contd………..P/2

                                         

( 2 )

The complainant further states that the O.P. undertakes that he will give service if the said refrigerator will not function properly within 6-months from the release date as repairable guaranty and  it is written in the cash memo of the O.P. The complainant states that he brought the refrigerator in his house and after running for some days the earlier problem of the refrigerator again  started and thereafter the complainant went to the O.P. shop for his necessary repairing as the guaranty period is not over but the O.P. did not give any service without reasonable excuse in spite of giving guaranty for further repairing within 6-months and harassed the complainant which is caused deficiency of service and unfair trade practice from the side of the O.P.-Modern Refrigeration under the provision of Consumer Protection Act. Finding no others way the complain send a legal notice through his Ld. Advocate on 30/01/2016 by  registered post with AD. But the O.P.  did not give any reply. As there is gross deficiency  of service on the part of the O.P. the complainant has come before the Ld. Forum for redress with a prayers directing the  O.P. to return  the cost of Rs.400/- for payment  of service charge with litigation cost of Rs.5,000/- and Rs.20,000/- for mental pain and agony for loss of business due to illegal detention of the  aforesaid refrigerator.   

                  Here the O.P. contested the by filing vokalatnama and written objection. But at the stage of evidence the O.P. did not appear and did take any steps at the time of hearing of evidence. So ex-parte order has been passed against the O.P.

                In view of the fact and circumstances it is crystal clear that O.P. did not provide service.

                So it is a fit case to hold that the complainant has proved the allegation of deficiency of service against the O.P. therefore through contest  the case the O.P. did not appear at the stage of hearing.  Hence, the ex-parte hearing.

               In this connection to prove this case some documents have been filed by the complainant and he tenders an affidavit in chief supported by an affidavit.

                         Documents filed by the complainant:-

1)Xerox copy of cash memo with a endorsement of Modern Refrigerator

2)Tax invoice of refrigerator

3)Copy of Advocate letter alongwith postal money receipt.                         

Contd………..P/3

                                         

( 3 )

                                        Hence,

                                                     it is,

ORDERED

                                                                   that the complainant case be and the same is allowed ex-parte.

                The O.P. is directed to return the cost of Rs.400/- for payment of service charge to the complainant. O.P. is also directed to pay litigation cost of Rs.1,500/- and Rs.5,000/- for harassment mental pain and agony within 60 days from the date of this order.

               Let plain copy of order be given to the party free of cost.

             Dictated and Corrected by me

                     

                          Member                                      Member                                   President

                                                                                                                         District Forum

                                                                                                                      Paschim Medinipur