DATE OF FILING                    :     17-06-2014.

DATE OF S/R                            :      18-07-2014.

DATE OF FINAL ORDER      :     24-11-2014.

Smt. Suparna Biswas,

wife of Kalipada Biswas,

residing at village – Santinagar, P.O. Danesh Sk. Lane,

P.S. Sankrail, District –Howrah,

PIN – 711 109…………………………………………………  COMPLAINANT.

Versus -

1.         The Manager,

            Big Bazar, Avani Mall River Side,

            Howrah – 711102.

2.         Customer Care,

            Morphy Richards,

            10, Ganesh Chandra Avenue,

            Howrah – 700 013.

3.         Morphy Richards, Shop No. 12,

            Chainar Chs. Plot 35, Sector – 42,

            Seawood ( W ), Nerul, City Navi Mumbai,

            PIN – 400 706………………………………………………OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1. Complainant, Suparana Biswas ,by filing a petition U/S 12 of the C .P. Act,1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps.   to return the purchase price of  a micro wave oven being  Rs.  7,990/- with interest,  to pay Rs. 40,000/- as compensation and litigation costs of  Rs. 5,000/- along  with other relief or reliefs as the  Forum may deem fit and proper.

2. It is the specific grievance of the complainant that she purchased micro wave oven on 25-03-2013 from the o.p. no. 1 manufactured by o.p. nos. 2 & 3. After four days of such purchase demonstration was given by the company’s representative but unfortunately the machine started giving trouble while being used. The person came from the customer care service attended the machine forfive times but no fruitful result came out.On being suggested by the representative of the service centre the machine was sent to o.p. no. 2. It is alleged by the complainant that the machine was not set at right and after several persuasion, the machine was returned to the complainant on 28-12-2013 in a scratched condition without being repaired. It was also informed to o.ps. but no result. Being aggrieved the complainant field this instant case with the aforesaid prayers.

3. Notices were served. O.p. no. 1 appeared and filed written version. But other o.ps. remained absent. Accordingly, case was heard on contest against o.p. no. 1 and ex parte against the o.p. nos. 2 & 3.

4. Upon pleadings of both parties two points arose for determination :

1. Is there any deficiency in service on the part of the O.Ps.  ?

2. Whether the complainant isentitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

5. Both the points aretaken up together for consideration. We have carefully gone through the written version filed by o.p. no. 1 and noted its contents. O.p. no. 1 has categorically stated that the machine in question shall be replaced by them. But complainant is not willing to accept the proposal and she wants the refund of purchase price. In our opinion a newly purchased machine started giving problem since its initial days’ of purchase which could not be repaired even. So who will be willing to take the replacement of a product manufactured by o.p. nos. 2 & 3 ? the complainant has lost all hope with respect to o.p. nos. 2 & 3’s manufacturing ability even the machine was retained for long three months for repairing purpose. But no fruitful result came out. So this our candid opinion that it is a fit case where the prayers of the complainant shall be allowed.Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 338 of 2014 ( HDF 338  of 2014 )  be  allowed on contest with  costs  against  the O.P. no. 1 and ex parte against o.p. nos. 2 & 3 with costs.   

      That the  O.Ps. are jointly and severally directed to refund  Rs. 7,990/-  to the complainant within one month from the date of this order.

       That they are further  directed to pay to the complainant an amount of Rs. 1,000/-  as compensation and Rs.500/-  as litigation costs.

      That the o.ps. are further directed to pay the entire amount of Rs. 9,490/-  to the complainant  within one month from the date of this order i.d., the aforesaid  amount shall carry an interest @ 10% per annum till full realization.

         The complainant is at liberty to put the decree into execution after expiry of the appeal period.

         Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                   

  Member, C.D.R.F., Howrah.