Ld. Advocate(s)

                        For Complainant: Suprec

                        For OP/OPs : Raja Bhattacharya

Date of filing of the case                :04.02.2020

Date of Disposal  of the case         : 12.05.2023

Final Order / Judgment dtd.12.05.2023

Complainant above name filed the present complaint against the aforesaid OPs   u/s 12  of the  Consumer Protection Act 1986  praying for  direction upon the OPs to solve the problems and also prayed for compensation amounting to Rs. 5,000/-.

 He further alleged that he had purchased one AC Machine from Hindustan Distributer  on 16.02.2013. In the beginning of summer of the year of filing of this case. Said AC was not working. On 4^th May 2019 Company service personal came to his house but failed to run the AC. Service Personal detected that one parts has damaged and same is not available. But subsequently, Company Service Centre closed the service call and mentioned discontinued parts.

 OP no. 1 and 2 contested this case by filing W/V.

 They denied entire allegations of the complaint. They further stated that they never practiced unfair trade practice or fraud to its customers.

 Complainant purchased AC for more than 6 years ago and it had run well but having any dispute.

 Technology of the electronic equipment has updated as such old machine are out dated Parts of the aforesaid AC Machine are not easily available.

TRIAL

Complainant filed affidavit in chief.

 OP no. 1-3 filed questionnaire and he filed answer.

 OP no. 1-3 not yet filed any affidavit-in-chief.

DOCUMENTS

Complainant produced following documents

1. Original  purchase receipt one sheet (original)
2. Copy of e-mail issued by complainant dtd. 02.05.2019.
3.  Copy of e-mail issued by complainant dtd. 09.05.2019
4. Copy of reply issued by LG Service Centre dtd. 12.05.2019.
5.  Copy of  e-mail issued by complainant on 15.05.2019
6.  Copy of  reply issued by LG.Service Centre dtd. 16.05.2019.
7.  Copy of SMS dtd. 02.05.2019.
8.  Copy of prescription of complainant issued by NH Rabindranath Tagore International Institute of Cardiac Sciences.
9.  Copy of OPD Consultation issued  by Dr. Ashwin Chowdhary of complainant.
10. Copy of notice issued by Assistant Director, Consumer Affairs and Fair Business Practices.
11.  Copy of note sheet.
12.  Copy of complaint before Assistant  Director.
13.  Copy of warrantee book.

DECISION WITH REASONS

 It is admitted position that complainant has purchased one AC Machine from Hindustan Distributer.

More over on perusal of purchased receipt dtd. 16.02.2013 we find that complainant purchased one AC Machine from Hindustan Distributer  on payment  of Rs. 37,200/-.

 On perusal of warrantee card of the said AC Machine we find that in the first page it is written:-

            “The  LG Air Conditioner comes  with 12 months warranty on all parts except front grill and plastic parts and , thereafter 4 years Additional warranty on the compressor, from the date of purchase of the product, provided always that the warranty card bears the rubber stamp, date and signature of our Authorized  Dealer,”

From the aforesaid entry it is clear before us that one year warrantee was given for all parts and additional warrantee was granted in respect of some specific parts up to 4 years from date of purchase.

 From the petition of complaint we find that complainant lodged complaint for the first time on 02.05.2019 i.e after 6 years from the date of purchase of the AC Machine. So it is clear before us that complainant is not entitled to any benefits in respect of warrantee of the products.

 More over aforesaid warrantee card does not bear seal and signature of seller.

            It is the allegation of the complainant that he requested OP no. 1 and 2 to repair the said AC Machine  and they sent one technologist and he after  examining the AC found that one parts  has damaged. Said parts are not available in the market due to up gradation of the product. As warrantee period has expired so this commission cannot ask the OP no. 1 and 2 or OP no.3 to repair the said AC Machine.

            Even this Commission cannot ask OP no. 1 -3 to repair the said AC after taking charge of repairing.

            Having regard to the aforesaid discussion it is clear before us that complainant is not entitled to any relief as per his prayer.

 In the result present case fails.

Hence,

It is

                                                            Ordered

that the present case be and the same is   dismissed  on contest against OP no. 1 and 2 and dismissed ex-parte against OP 3 but without any order as to costs.

Let a copy of this order be supplied to both the parties as free of cost.

Dictated & corrected by me

              ............................................

                     PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                                            PRESIDENT

                                                                                         (Shri   DAMAN PROSAD BISWAS,)      

            I concur,

             ........................................                                                

                       MEMBER                                                                                                                              

 (NIROD  BARAN   ROY  CHOWDHURY)