DATE OF FILING                    :     18.08.2015.

DATE OF S/R                            :      30.09.2015.

DATE OF FINAL ORDER      :     30.12.2015.

Shri Swapan Kumar Ghosh

Railway Quarter no. B/37/04, Rail Colony, P.O. Jagacha,

P.S. Santragachi, District Howrah,

PIN 711111. ……………………………………………………… COMPLAINANT.

• Versus   -

1.         The Manager,

M/S. Multi Channel Electronics

of 16, Panchanantolla Road, Howrah Maidan,

Howrah 711101.

2.         The Manager,  

M/S. Videocon Service Center,

of 83, Linton Street,

Kolkata 700014. ……………………………….…………OPPOSITE PARTIES.

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak .

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C. P. Act, 1986 filed by the petitioner, Swapan Kumar  Ghosh, praying for a direction upon the o.ps. to refund the purchase money of Rs. 5,300/- to the petitioner as cost of the air cooler, or replacement of the defective air cooler by a new one and to pay Rs. 2,000/- as compensation for mental agony and harassment and  Rs. 1,000/- as litigation costs.   

2. The case of the petitioner is that he purchased one air cooler machine of KENSTAR from the o.p. Multi Chanel Electronics on 31.03.2015 on payment of  Rs. 5,300/-. On 02.04.2015 he found that the machine was defective as the water tank of the cooler started leaking and informed the matter to the o.p. no. 1 who asked him to contact o.p. no. 2 Videocon Service Centre who also came and told that they would replace the machine but even after several correspondences no steps taken so the petitioner filed this case.   

3. The o.ps. did not appear in the case even though the service of notice was sufficient in the eye of law and also o.ps.  did not contest the cash  by filing  written version. So the  case is heard ex parte against the o.ps.  

4. The only point is decided herein whether the petitioner is entitled to get the relief as prayed for  ?

DECISION  WITH   REASONS      :

5. In support of their case the petitioner filed before theForum affidavit in chief as well as the documents which proved the fact that the petitioner purchased the water cooler which was found defective and in spite of several correspondences he did not get the relief and the oral evidences as well as documents filed before this Forum proved the case the petitioner. The oral evidence in the form of chief as well as documentary evidences produced before thisForum proved the case of the petitioner ex parte as the same went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte.

In the result, the claim case succeeds.

Court fee paid is correct.

      Hence,

     O     R     D      E      R      E        D               

      That the C. C. Case No. 292 of 2015 ( HDF 292 of 2015 )  be and the same is   allowed ex parte against the o.ps. with costs of Rs. 1000/- .  

      The petitioners are  entitled to the purchase money of Rs. 5,300/-  from the o.ps. as prayed for, who are jointly and severally liable for making such payment with 9% interest from the date of purchase till payment  or to replace the old water cooler of KENSTAR by a new one of same standard  within 30 days from the date of this order failing the  whole amount with interest  would carry interest @ 9% till realization from the date of filing of the case and also the petitioner is also entitled compensation of  Rs. 2,000/- to be paid by the o.ps. jointly and severally   within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution.   

      Supply the copies of the order to the parties, free of costs.  

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.