The complainant Mrs. Ranjana Saha on 12/09/2014 purchased a PURICA RO from the showroom of the O.P. No.2. The complainant paid a sum of Rs. 7,500/- (Rupees Seventy Five Only) against proper receipt to the O.P. No.2.
The complainant in his petition of complaint stated that the owner of R.K. Enterprise and his agent visited her house and implored the complainant to see the demonstration of the water purifier. After demonstration the owner of the shop persuaded the complainant to purchase the water purifier and visit their showroom. Thereafter, the complainant visited the showroom and purchases the water purifier. After couple of days of purchase the water purifier started malfunctioning and the complainant informed the same to the respondent. As per the complainant the mechanic of the respondent told that the product is not functioning for the manufacturing defect. After repeated check up by the technician the water purifier could not perform its functioning. The water purifier was carrying a warranty from 12/09/2014 to 12/09/2015 as such due to deficiency of service on the part of the O.P. the complainant filed this case.
The O.P. No.2 entered appearance by filing Vokalatnama and prayed for time for filing W/V. The O.P. No.2 filed their written version on 07/06/2016 along with put up petition, show cause petition shifting back petition.
On perusal of the record it is found that the case is fixed for ex parte hearing against O.P. No.1 on 10/12/2015 where in Order No. 07 and date of ex parte hearing against O.P. No.2 was fixed on 27/04/2016 vide Order No. 12. Also found that vide Order No. 18 dt. 01/09/2016 the petition was filed by O.P. No.2 stating that a Revision Petition being No. RP/147/2016 was filed by O.P. No. 2 and the said revision petition was fixed for hearing on 16/11/2016. The said revision petition was finally dismissed for non-prosecution by Order No. 14 dt. 07/09/2018. The
complainant was diligent in taking regular steps. The complainant has not prayed for any relief against the O.P. No.1. Hence, nor the O.P. No.1 has taken any interest in defending the case against the complainant as such the case is dismissed against O.P. No.1 and the O.P. No.2 is directed to refund a sum of Rs.7,500/ to the complainant and take back defunct water purifier PURICA R.O.
The complainant is directed to hand over the defective R/O. to the O.P. No.2. The O.P. No.2 is further directed to pay compensation of Rs. 5,000/-(Rupees Five Thousand Only) together with litigation cost of Rs. 3,000/- (Rupees Three Thousand Only) to the complainant within 30 days of passing of this order. If either party fails to perform their part of the performance within 30 days of passing of this order a fine of Rs. 100/- per diem shall be collected from either of the default parties who failed to perform their part. The said amount of fine will be deposited in the Consumer Legal Aid A/c. of Dist. Consumer Forum Malda to be calculated from 31st day of passing of this order till its realization.
Let a copy of this judgment be given to the Complainant/O.P. free of cost on proper application.
