DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.54/2016
Date of Filing: Date of Admission Date of Disposal:
28.01.2016 08.02.2016 30.06.2017
Complainant = Vs. = O.P.
Jogeswar Ghosh, 1.The Manager of Reliance Retail Ltd,
Flat No. 1A, Nilmony Apartment, Satyam Tower, VIP Road,
8, East Mall Road, Kaikhali, Near B.P Podder Institute,
P.O. Mall Road, Oppo Haldiram,
P.S. Baguiati, Kolkata- 700052.
Kolkata- 700080. 2.The Manager of Digitech Services,
270, Bangur Avenue,
Block-B, Near Life Medical,
Kolkata- 700055.
3.The Director of Samsung India
Electronics Ltd,
2nd, 3rd and 4th floor, Tower-C,
Vipul Tech Square,
Golf Course Road, Sec-43,
Gurgaon-122002.
P R E S E N T :- Siddhartha Ganguli……..……………..President –in-Charge
:- Smt. Kabita Acharjee(Goswami)……Member
J U D G E M E N T
The gist case of the complainant is that he purchased one AC machine from the O.P. No.1 at a cost of Rs. 40,050/- on 11.02.2014 and since installation it developed cooling problem and the said factum has been reported to the O.P. No.1 immediately. The O.P. No.1 in turn informed the matter to O.P. No.2 and accordingly the O.P. No.2 sent mechanics to the house of the complainant to sort out the problem, but the problem was not sorted out even after filling gas twice. The mechanics again checked the AC machine on 25.10.15 but the machine was not restored. Further on 14.11.2015 the company Engineer took away the AC machine when they found the leakage in the condenser.
The complainant thereafter on 16.12.2015 wrote a letter to the Manager of the Customer Care Unit to return back the AC machine after necessary repair works. But it is the allegation of the complainant that the O.Ps did not pay any heed to and caused deficiency in service due non repair and /or non return of the AC machine till the date of institution of this case. The complainant, therefore, filed this case for the reliefs as stated in the petition which are as under:-
Dictated and Corrected Contd…..2/-
C. C. Case No.-54/2016
- :: 2 :: -
1). Give relief to return back the said AC machine after proper repairing or replace the faulty AC machine or refund the entire purchased amount of Rs. 40,050/- to the complainant along with a compensation of Rs. 10,000/- for physical harassment and mental agony of the complainant.
2). Litigation cost of Rs. 3,000/- may kindly be allowed in favour of the complainant and any other reliefs.
The complainant with his written complaint filed the following Xerox documents:-
- Cash memo of Reliance Retail Ltd dated 11.02.2014.
- Job sheet of Digitech Services vide job sheet No. 900 dated 25.10.2015.
- Job sheet of Digitech Services vide job sheet No. 4485 dated 14.11.15.
- A letter sent to the Manager of Customer Care of Reliance Retail Ltd dated 16.12.15.
- A letter sent to Manager of Customer Care of Reliance Retail Ltd dated 07.01.2016.
The O.Ps entered appearance before this Forum and O.P. No.1 separately filed W.V.
The O.P. Nos. 2 and 3 jointly filed written version against the complaint petition. The trend of the W.V is mostly denial excepting the fact that the O.P. Nos. 2 and 3 sent representatives and checked the AC machine but found no defects. They further checked the gas cylinder for confirmation whether it was functioning or not without taking any money from the complainant. But they found no defect on the product. Furthermore, the complainant after the lapse of more than one year complained of gas leak in the said AC machine and the O.Ps sent representatives but the complainant declined to pay repairing charge and ultimately refused to repair the same.
From the written version of the O.P. No.1 it is elucidated that the main contesting O.P is the manufacturer but he is only the seller of goods of the manufacturer. O.P. No.1 submitted that the complainant enjoyed the services since installation of the AC machine. When the complaint made for the cooling problem, the O.P. No.1 expressed inability to check the problem instantly and advised the complainant to allow him to take the machine to the workshop so that they can
Dictated and Corrected Contd…..3/-
C. C. Case No.-54/2016
- :: 3 :: -
check properly but the complainant refused to send the machine to the workshop. Subsequently, the complainant agreed to send the machine to the workshop for necessary repairing. Necessary repair was done but some delay was
caused due to non availability of spare parts and after the repair the machine was handed over to the complainant in the month of January, 2016. After installation the complainant made satisfactorily remark that the machine was O.K. and this O.P has no laches or negligence on his part in rendering service and prayed for dismissal of this case.
From the pleadings of the parties the following points have been framed for decision:-
1). Is the complainant consumer?
2). Are the O.Ps deficient in service?
4). What relief the complainant is entitled to get?
During hearing the complainant filed written affidavit-in-chief along with copy of documents.
Both parties filed BNA.
Reasoned Decision
All the points are taken up together for the sake of brevity and convenience.
Perused the materials on record and the evidence brought by the complainant wherefrom it appears that the complainant had purchased one AC machine from the O.P. No.1 and after installation the said machine was not functioning properly and the complainant informed the matter to the O.P. No.1 and thereafter conveyed the same to the other O.Ps and necessary repair work was done.
It is the contention of the complainant that after repeated repair works the problem in the AC machine persists and therefore, he lodged this case for proper redressal as stated in the petition. From the documents annexed it is also found that the AC machine was repaired by the O.Ps but the problem in cooling remained and the complainant was not satisfied with the service of the O.Ps. Hence, we conclude that the machine was defective from the early stage of installation as it had developed cooling problem and repair works was done by the O.Ps and therefore, the O.Ps were deficient in service.
Hence
Ordered,
that the complaint be and the same is allowed in part on contest against the O.Ps but no cost.
Dictated and Corrected Contd…..4/-
C. C. Case No.-54/2016
- :: 4 :: -
The complainant is directed to send the AC machine to the workshop of the O.Ps and the cost of transportation for that purpose shall be borne by the complainant within 10 days from the date of this order.
As the case is conducted by the CAB, this Forum decline to pass any order in respect of litigation cost.
The O.Ps are jointly and severally directed to repair the AC machine properly free of cost within one month after receiving the AC machine.
Copy be delivered to the parties free of cost.
Member President-in-Charge
