DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   64  of   2017

 

Sri Sujit Saha,

S/O- Late Sreedam Chandra Saha,

Dhaleswar Road No.5, 

P.S. East Agartala,

Agartala, West Tripura. …..….…...Complainant.

 

       VERSUS

 

    Sunny Traders,

A.K. Road,

Opp. Police HQ,

Ramnagar(1st By Lane),

P.S. West Agartala,

Agartala, West Tripura.

(Represented by its Proprietor, 

Sri Mrigangka Datta). ..........Opposite parties.

 

      __________PRESENT__________

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Tapas Kr. Das,

 Sri Debabrata De,

 Advocates.  

 

For the O.Ps : Sri Sovan Mahajan,

 Sri Subhrajit Paul,

 Sri Koushik Deb,

 Advocates.

 

JUDGMENT  DELIVERED  ON: 30 .08.2017.

 

J U D G M E N T

This case arises on the petition filed by Sujit Saha U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he purchased one Kuchina Chimeny including duck pipe on 04.07.15. Warranty was for 1 year 3 with Free servicing of the Kuchina chimney. But free service not provided. Only one service provided on 16.12.15. When free service is not provided then legal notice given. Due to this petitioner suffered and prayed for compensation. 

 

2. O.P. filed written objection denying the claim. It is stated that complainant did not allow the mechanic for inspection. O.P. only sell and provide 3 free service as per contract. There was no deficiency of service by the O.P.

 

3. On the basis of contention raised by both the parties following points cropped up for determination;

(I) Whether the O.P. failed to provide proper service to the petitioner for repairing the Kuchina chimney of the petitioner?

(II) Whether there was deficiency of service and petitioner is entitled to get compensation?

 

4. Petitioner produced the Chalan, Warranty Card, Advocate's Notice, Reply and Money Receipts, Exhibit- 1 Series. Complainant also produced the statement on affidavit of one witness, Sujit Saha.

 

5. O.P. on the other hand produced the photocopy of Field Report, Consumer Service Feed Back, Daily Complain Sheet, Daily Activity Sheet, Legal Notice. O.P. also produced statement on affidavit of one witness.

 

6. We have gone through all the documents and evidence and now decide the points.

 

Findings and decision:

7. The fact of purchasing the chimney from Sunny Traders is admitted fact. The voucher chalan warranty card confirm this fact. In the warranty terms and condition is written. Goods are warranted against defects arise from faulty design. Petitioner did not complain against the manufacturer. There is also no complain about the quality of the product. Only complaint is about service to be provided. During the warranty of one year 3 free service is to be provided from date of installation from 10.07.15 by 10.07.16. This free service is to be provided by Sunny Traders. From the feed back report is found that first free service was provided on 16.12.15. That Feed Back Report contained the signature of Sujit Saha, the customer. 

 

8. We have gone through the Customer Service Cum Feedback Card. This also shows that Sujit Saha signed one time. Date of free service is on October, 2015, February, 2016 and June, 2016. One Swapan Das attended on 16.12.15. But attendance on February, 2016 and June, 2016 not found in the attendance column. Customer signature also for one day. Remark given on 3  days on what basis not clear. Daily complain sheet, register have also been verified and found that only one time free service is given. Sunny Traders, O.P. was under obligation to provide 3 free service. For failure to provide the service petitioner suffered. But petitioner did not disclose in his evidence that the product was damaged because of non servicing. But it is stated that product has become unusable. Smoke and dust was blocked the outer pipe and the wall of the kitchen have been damaged, chimney not functioning properly.

 

9. O.P. Sunny Traders failed to give proper service and as a result some damage has caused to the Chimney. We therefore, direct the Sunny Traders to repair the chimney positively without fail within one month. We also direct Sunny Traders to pay Rs.5,000/- for the deficiency of service and Rs.5,000/- for litigation cost.

 

10. We direct Sunny Traders to repair the chimney within one month and pay Rs.10,000/- as compensation. Case is disposed.

  

Announced.

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.