West Bengal

Paschim Midnapore

CC/49/2016

Susmita Pattnaik - Complainant(s)

Versus

The Chief Manager, Great Eastern Trading Co. - Opp.Party(s)

Dipak Kumar Pal

28 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

Kapot Kumar Chattopadhyay, Member

 

Complaint Case No.49/2016

                                                        

Susmita Pattnaik, D/o-Susanta Pattnaik, Malancha Road,

Dhekia P.O. Building, P.O.-Nimpura, P.S.-Kharagpur(T),

                                                                  Dist-Paschim Medinipur……….….………Complainant

Versus

                                                    To, the Chief Manager, Great Eastern Trading Co., Branch

                                                     at Inda, P.O.-Kharagpur, P.S.-Kharagpur(L), Dist-Paschim

                                                      Medinipur & another………..……...……Opposite. Parties.

 

 For the Complainant: Mr. Dipak Kumar Pal, Advocate.

 For the O.P.              :

Decided on: -28/07/2016

                               

ORDER

   Mrs. Debi Sengupta, Member- The complainant case in a nutshell is that the complainant purchased a spilt AC(Indoor), model Samsung ARIZHC5TDUR 1.0 Ton I/D from the Op. No.1 is carrying his business of Inda, P.O. and P.S.-Kharagpur within the jurisdiction of this Ld. Forum on 25/01/2015vide invoice no.28/SA/1415/03350 by depositing of Rs.30,000/- and was installed the said A/C  in the month of  April, 2015. The warranty period of the said A/C was comprehensive 12 months condenser addition 24 months.

The complaint states that after installation about two and half months the said A/C machine runs successfully but  thereafter the said A/C machine was not

Contd……………….P/2

 

( 2 )     

properly functioned and the cooling system become totally stopped. The complainant states that he lodged a complainant  to the Op. No.1 on 16/09/2015 and  on the basis of complaint one serviceman of the company came to the complainant’s house and checked the machine and said that due to leakage the said A/C machine is not properly functioning. Thereafter the Op. No.1 informed the complainant that he has to pays Rs.1,950/-  towards gas filling. The complainant became shocked as the said A/C  machine is new one and during the warranty period the Op. No.1  illegally demanded Rs.1,950/- towards gas filling.

There after the complainant lodged complaints to the toll free no.180030004242 on 23/09/2015 and 25/09/2015 vide request no.4201677565 and 8477996736, thereafter one man came to the house of the complainant and after through inspection he disclosed that due to compressor coil problem the said A/C machine is not properly functioning.  The complainant contends that on 09/10/2015 one telephonic  call came from the local servicing centre and told the complainant for  rectify the compressor coil for which Rs.8,000/- to be paid by the complainant.

Thereafter the complainant and his further went to the business office of the Op. no.1 and requested the Op. No.1 to exchange a new machine but the Op. No.1 denied to replace a new machine by exchange the complainant’s defective A/C machine.

The complainant states that having no other way the complainant’s father as her representative lodged a complaint to the Assistant Director, Consumer Affairs and Fair Business Practice at the regional office of the Paschim Medinipur. After hearing both sides the Assistant Director advised the complainant to approach before the proper Forum. The complainant states that subsequently she filed this case before the Ld. Forum. She also states that the father of the complainant is very much ill and it is very difficult to live excessive heat in summer season. Hence the complainant praying for directing the Op. No.1 to replace new A/C Machine by exchanging the complainant’s  defective A/C machine. The complainant also prays for compensation of Rs.50,000/- for harassment mental pain, breach of Consumer Act and litigation cost.

Op. party was duly served with notice of this case but he did not appear to contest this case for which the case was ordered to be heard ex-parte. Hence the ex-parte hearing.

Contd……………….P/3

 

( 3 )

To prove her case, the complainant has tendered his written examination-in-chief supported by an affidavit along with few copies of document.

Now let us consider as to whether by the said evidence the complainant has been able to prove her case or not.

Main allegation of the complainant in this case is that the A/C machine purchased by the complainant became totally stopped within warranty period. Op No.1 sent his serviceman and after inspection he said due to gas leakage the  said A/C machine is not properly function in and she has to pay Rs.1,950/- towards gas felling. The said A/C  machine is new one and within warranty period Op. No.1 illegally demanded Rs.1,950/- towards gas filling.  The complainant lodged complaint to the toll free no. and therafter one man came to house of the complainant and after through enquiry be disclosed that due to  compressor coil problem the machine is not properly functioning. The complainant states that for the rectify of the compressor coil the Op. charged Rs.8,000/-. The complainant states that she works in a private sector and her father is an ailing person and for this purpose A.C. machine was purchased. The complainant contends that she requests several times for changing the disputed A.C.  machine to the Op but no fruitful  reply.

Being aggrieved the complainant has  come before us with a prayer for compensation of Rs.50,000/- for harassment, mental pain breach of Consumer Act  and litigation cost due to deficiency of service on the part of the Ops. also prays for a direction to replace new A.C.  machine by exchanging the complainant’s defective. A.C.  machine.

In view of the fact it is crystal clear the Ops.  avoids to change the A.C. machine.

So it is a fit case to hold that the complainant has proved the allegation of deficiency in service  against the O.P. No.1.

In this connection some documents have been filed by the complainant.

1. One net tract report copy of the Samsung Electronics , Kolkata;
2. One registry port slip of the Samsung Electronics (Original), Kolkata;
3. One net tract report copy of the Great Eastern Trading Co. Kharagpur;
4. One Registry Post slip of Great Eastern Trading Co. Kharagpur (Original);
5. One original. Consumer Details Cum warranty card of Samsung Company issued by Dealer Great Eastern Trading Co., Inda, OT Road, Kharagpur, Paschim Medinipur;

Contd……………….P/4

(4 )   

 

6. One original postal slip;
7. One Xerox copy of request letter send by Susmita Pattanaik on 28/10/2015 to Samsung India Electronics Pvt. Ltd.;
8. One Xerox copy of complainant submitted before the Assistant Director Consumer Affairs and Fair Business Practice;
9. One original Tax Invoice of Great Eastern Trading Co. Ltd., Inda, Kharagpur Town Branch;
10. One Mediation sheet of Assistant Director, Consumer Affairs Department and  Fair Business Practice, Paschim Medinpur.

                 Hence, it is

                                  Ordered

                                                             that the complaint case be and the same is allowed ex-parte. The Op. No.1 is directed to replace the disputed A.C. Machine by a new one of the same model to the complainant and also to pay compensation of Rs.10,000/- as compensation within 30 days from the date of this order.

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

           Dictated and Corrected by me

                     Sd/- D. Sengupta.                 Sd/- K.K.Chattopadhyay.               Sd/-B. Pramanik. 

                          Member                                      Member                                     President

                                                                                                                           District Forum

                                                                                                                        Paschim Medinipur