This is a complaint under Section 12 of Consumer Protection Act, 1986 submitted by Shri Prasanta Kumar Das of Jhautala, Trikone Park, P.O.- Madral, P.S.-Jagatdal, Dist.- 24 Pgs (N), Pin-743126, W.B. alleging deficiency in service as well as unfair trade practices against the OP as the said OP failed to repair  the Washing Machine under Annual Maintenance Contracts ( Application no. 160626141 dated 31.04.2017) or refund of the A.M.C. amount of Rs. 5,582/- together with compensation and cost of litigation from the Opposite Party.

It is the case of the complainant that he entered into an A.M.C. agreement with M/s Godrej & Boyce Manufacturing Co. Ltd., Appliances Division for maintenance of his Washing Machine for the period from 12.10.2017 to 11.10.2020.

The complainant entered into the Annual Maintenance Contract (A.M.C.) with the manufacturer of the Machine that is Godrej & Boyce Manufacturing Co. Ltd.

It is represented that when the Machine gone out of order the complainant tried his level best to ret it repaired by the company with whom he entered into Annual Maintenance Contracts (A.M.C.). Once the A.M.C. entered into it is the obligation of the A.M.C. Company to give service to the complainant but the Opposite Party could not give any relief to the complainant instead the complainant had to move from pillar to post for getting his grievance redressed.

 Even he approached the Central Consumer Grievance Redressal Cell of the Govt. of West Bengal, Consumer Affairs Department to get his grievance redressed amicably but because of the non-co-operation from the part of the A.M.C. company the process could not be made successful.

On receipt of complaint notices were served upon the Opposite Party but the  OP preferred not to contest the case either orally or filing W/V and the case was made ex parte. So  it is apparent that the OP is not interested to contest the case but at the final stage the OP  registered their appearance by filing Vakalatnama and submitted B.N.A.

It is abundantly clear that the OP could not perform the part of the contract for this or that reason. Naturally, the OP should not be allowed to utilize the money received from the complainant for A.M.C. of Washing Machine. So the OP is under obligation to refund the amount he received from the complainant.

In view of what has been stated above it is ordered that the OP shall refund the amount of A.M.C money of Rs. 5,582/- along with compensation of Rs. 5,000/- and cost of litigation of Rs. 2,000/- to the complainant within 45 days from the date of issue of this order in Demand Draft drawn on any public sector bank failing which the amount will accrue  interest at 10 % per annun .

Let plain copy of this order/judgment be given to the parties free of cost as per the CPR, 2005.

                                                                                      MEMBER

                                                                       Corrected & Dictated by