Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.11.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 2,50,000/- ( Rs. Two Lakh Fifty Thousand only ) as compensation.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a water heater of 3 Ltr. Capacity on 30.10.2012 from Auto Energy Sales vide annexure – 1 after paying the price of Rs. 3,600/-. In the aforesaid water heater there was guarantee of 2 years but on 01.01.2013 the aforesaid heater stopped functioning. The complainant complained opposite party no. 1 on 02.01.2013 with regard to non functioning of the aforesaid water heater. The complainant was asked by the opposite party to visit his shop on 03.01.2013. On 03.01.2013 the complainant was advised to lodge complaint with call center which was lodged by complainant on 04.01.2013. The complaint of the complainant was registered as complain no. 2060727.
The grievance of the complainant is that despite lodging his complaint and making repeated visit to opposite party no. 1 his grievance was not redressed due to it the complainant’s old parents suffered much as it was very cold season and they are old persons.
From record it appears that after registered notice opposite party no. 1 has filed vakalatnama on 10.12.2013 while the valid Tamila was declared on other opposite parties vide order dated 14.11.2014 because the registered notice sent on them did not returned unserved.
It is needless to say that the complainant has filed this complaint on affidavit and there is no counter version of the fact asserted by the complainant on affidavit hence we have no option but to accept the fact in toto which clearly proves deficiency on part of opposite parties.
For the discussion made above, we direct the opposite parties to pay the complainant Rs. 3,600/- ( Rs. Three Thousand Six Hundred only ) which he had paid vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will have to pay an interest @ 12% on Rs. 3,600/- ( Rs. Three Thousand Six Hundred only ) till its final payment.
Opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs with the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
