The complainant’s case is regarding deficiency of services and inconvenience meted out to the Complt. by the O.P. The Complt. purchased a refrigerator being no. RT39M553858 from the O.P. against Rs. 41,630.01 only for which a duplicate receipt was issued and the same was delivered on 2.06.2-017 at the residence of the Complt (details have been provided in Annexure-I). However, in the month of December, the Complt. noticed that the temperature controller of the refrigerator was working unsteadily. The water was inconsumable at the lowest points of temperature, whereas sometimes the fruits, vegetable etc would become rock solid or soft. On 18^th December, the Complt. contacted a service centre for the same and an engineer sent who came to check the refrigerator, reported a cooling issue with the device. The P.C.B. and the R. Sensor was replaced, but the problem persisted. Thereafter, the engineer pronounced that he could dpo nothing and advised to keep the refrigerator on vocation mode. The Complt. followed the same with no positive effect. According to Annexure-2 and 3, an Advocate’s notice was sent to the O.P. by the Complt. The receipt has also been annexed in Annexure-4. The Complt. alleges harassment, agony and harassment against the O.P. Thus the Complt. prays to this Commission for:

1. Direction to the O.P. to refund the price of the refrigerator of Rs. 41,630/- along with interest of Bank of India
2. Compensation of Rs. 200/- per day from the 29^th of December,2017 to the date of payment for compensation for the harassment, inconvenience, frustration and mental agony
3. Litigation cost of Rs. 5000/-
4.  Other reliefs

Point for decision

Is the complainant entitled to get the relief as prayed for?

Decision with reasons

                To prove her case Complt. has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed all relevant documents in support of his case.

                 We have gone through the said evidence of the Complt.and the documents filed by him.

                It appears that in his evidence the Complt. has fully corroborated his case of the petition of the complaint and the documents filed by him also lend support to the case of the Complt. So in view of the said evidence of the Complt. and the documents filed by him, remaining un-challenged, it is held that the Complt.’s case is proved and he is entitled to get the reliefs as sought for.

      Hence

                     It is,

                                          ORDERED

That the instant case no. 360/2019 is allowed ex-parte with cost against the O.P.

         O.P. is categorically directed to refund the price of the refrigerator of Rs. 41,630/- to the Complt. along with an interest @ 6% till realization of the entire amount.

         O.P. is also further directed to pay a sum of Rs. 5,000/- to the Complt. towards compensation for mental agony, frustration and harassment suffered by the Complt.

         O.P. is also directed to pay Rs. 2000 to the Complt. as litigation cost.

         All such payments shall be made within 45 days from the date of this order.

         Let a free copy of this order be given to the Complt. free of cost.

 Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.                   

                                 Babita Chaudhuri         Sankar Kumar Ghosh

                                         Member                            President

                                 D.C.D.R.C., Howrah          D.C.D.R.C., Howrah