In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.126/2012
1) Dr. Bandana Paul,
110/3, Dakshin Dari Road,
Flat-B, 1st Floor, Kolkata-48. ---------- Complainant
---Versus---
1) The Manager, Samsung India Electronics Pvt. Ltd.
4, Lee Road, P.S. Bhowanipore, Kolkata-20.
2) Samsung India Electronics Pvt. Ltd.
2nd, 3rd & 4th Floor, Tower C, Vipul Trech Square,
Sector-43, Gurgaon-122009, Haryana.
3) Sales Emporium,
443, Jessore Road, Kolkata-74. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu ,Member
Order No. 16 Dated 21/01/2013.
In a nutshell, the case of the complainant is that complainant purchased one refrigerator from o.p. no.3 bearing model no.RT29BDPS.XTL/2011with a capacity 280 ltrs. on 8.4.11 in exchange of her old refrigerator and complainant paid a sum of Rs.16,800/- after deducting of Rs.2000/- (cost of the old one) to o.p. no.3. The said fridge went out of order only after 4 months from the date of installation and when the complainant contacted o.p. no.3, she was advised to lodge complain with o.p. nos.1 and 2 and on 22.8.11 complainant lodged complaint with o.p. nos.1 and 2 in their toll free number being complaint no.8428744797.
After receiving the complaint of complainant the mechanic of o.p. no.2 viz. Md. Izaz visited the house complainant ascertained the defect and made temporary arrangements for removal of th defect by wrapping the door knob by some papers. Again after 4-5 days the said fridge again started troubling, complainant once more reported the defect and again the same mechanic came, took snap of the said fridge from every corner and assured that the said fridge shall be replace by a new on as early as possible.
The complainant her brother and sister on several occasions contacted o.p. nos.1 and 2 over telephone. Mainly the coordinator viz. Saibal and every time she was returned with mere assurance of replacement of the defective fridge with a new one. After waiting for some time with a hope that the said fridge shall be replaced the complainant wrote a letter to all the o.ps. on 30.9.11, but o.ps. neither replied to it nor replaced the said fridge. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld lawyer of o.ps. in the course of argument submitted that complainant has no cause of action to file the instant case and complainant is not entitled to relief.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant purchased one refrigerator from o.p. no.3 bearing model no.RT29BDPS1/XTL/2011 with the capacity of 280 ltrs. on 8.4.11 in exchange of her old refrigerator and complainant paid Rs.16,800/- after deduction of Rs.2000/- being the cost of old one to o.p. no.3, after 4 months from the date of installation the said refrigerator went out of order and complainant made complaint being no.8428744797 with o.p. nos.1 and 2 and it was lodged on 22.8.11 and o.p. no.2 sent a mechanic who ascertain the defect and temporarily removed the defect by wrapping door knob by some papers. Further we find from the record that after 4-5 days the said refrigerator again starting problem and matter was brought to the notice of o.ps. and the same mechanic viz. Md. Izaz came and took snaps of the said refrigerator and assured the complainant that the refrigerator shall be replaced by new one as early as possible and complainant contacted over phone several times and the coordinator of o.ps. viz. Mr. Saibal gave assurance for replacement of the defective refrigerator, but ultimately nothing was done despite the letter dt.30.9.11 written by complainant. It also transpires from the record that complainant approached the Mediation Centre of Consumer Affairs Deptt. for relief and no solution could have arrived at on 12.12.11. On perusal of the entire materials on record we find that o.ps. had sufficient deficiencies being service provider and it seems to us that the refrigerator in question had some manufacturing defect, but surprisingly enough o.ps. did not replace the same and such action on the part of o.ps. is high condemnable and is not expected from a reputed concern like o.ps.
Therefore, we hold that o.ps. had sufficient deficiency in service being service provider to its consumer / complainant and consumer / complainant had to roam around here and there for solution, but without any fruitful result and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest against the o.ps. with cost of Rs.7000/- (Rupees seven thousand) only. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.18,800/- (Rupees eighteen thousand eight hundred) only (inclusive all the exchange money of the old refrigerator of Rs.2000/- and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.7000/- (Rupees seven thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
