In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   44 / 2010.

1)                 Smt. Kuntala Das,

P-133, Usha Park, Block-C 12 & 16, Kolkata-700084.   --------- Complainant

---Versus---

1)                 The Manager, Godrej & Boyce Mfg. Co. Ltd.,

Regd. Office Pirojsha Nagar, Vikhroli, Mumbai-400079.

2)                 The Manager, Godrej & Boyce Mfg. Co. Ltd.,

Block-GN, Sector-V, Salt Lake City, Kolkata-700091.

3)                 The Manager, Khosla Electronics Pvt. Ltd.,

61, S.P. Mulherjee Road, Kolkata-700026.           ---------- Opposite Parties

Present :     Sri Sankar Nath Das, President.

                   Smt. Jhumki Saha, Member.

                   Dr. A. B. Chakraborty, Member

Order No.    2 2   Dated  2 6 / 0 3 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Smt. Kuntala Das against the o.p. for replacement of her defective refrigerator.

          Facts in brief are that on 14.2.05 the complainant purchased a refrigerator of Godrej 205L Champion Model from o.p. no.3 along with some other electronic material on payment of a total consideration of Rs.18,000/-. Warranty was for the period from 14.2.05 to 13.2.10. Lastly warranty period was extended from 29.9.08 to 28.9.11 on payment of usual charges.

          On 5.10.09 the complainant lodged a complaint that the machine was not working satisfactorily. The authorized representative of o.ps. examined the instrument on 21.10.09 and he detected certain vital defects. The complaian nt made several representation for replacement of the machine but in vain. Be that as it may during the course of proceedings of the case the o.p. no.2 by a petition dt.10.3.12 informed this Forum that the refrigerator has been replaced on 27.2.12. The complainant also conceded that the instrument has been replaced without any warranty and has prayed for awarding compensation for harassment and mental agony and litigation cost.

Decision with reasons:

          It is an admitted fact that the refrigerator has been replaced and also that the complainant had to suffer a lot for getting relief. The dealer should have been more prompt to take appropriate action in consultation with the manufacturer. We are of the candid opinion that there is deficiency of service on the part of the o.ps. the service providers and the complainant / consumer is entitled to get relief.

          Hence, ordered,

          That the case of the complainant is allowed on contest against o.ps. with cost to o.p. no.3 and without cost to o.p. nos.1 and 2.

          O.p. no.2 is directed to pay a compensation of Rs.5000/- (Rupees five thousand) only to the complainant for his harassment and mental agony and also a litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

          Supply certified copy of this order to the parties.

   _____Sd-_____                     ____Sd-____                  _______Sd-_______

     MEMBER                            MEMBER                        PRESIDENT