Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint under C.P. Act, 1986 was initially filed against the Opposite Party (O.P.) – 1) The Manager, Renaissance, Kutchina Show Room, 1^st Floor, H. No. 115/6, S.M.C. Ward No. 11, Sevoke Road, Opp. Gurudwara, P.O. & P.S.: Siliguri, Dist.: Darjeeling, Pin Code- 734001 and 2) The Branch Manager, Renaissance, 45 Nazrul Sarani (near JTS Club), Hakim Para, Siliguri- 01, P.O. and P.S.: Siliguri, Dist.: Darjeling. The O.P. No.1 declared ex-parte in this case and the O.P. No.2 contested the case by filing Written Version (W.V.).

                    The case of the complainant as per his complaint is as follows-

The complainant argued in her plaint that on 26.08.2017 she purchased 01 (one) number of Kutchina Kitchen Chimney, Model- Goldex with pipe from the show room at the total cost of Rs. 18, 990/- (Rs. Eighteen Thousand Nine Hundred and Ninety) only with down payment of Rs. 4, 500/- (Rupees Four Thousand and Five Hunderd) only under Cash Memo No. 1010 and it was agreed by the complainant that she would pay the balance amount in equal installment of Rs. 2, 415/- (Rupees Two Thousand Four Hundred and Fifteen) only for six months. The complainant also added that and since purchased the said chimney had been in trouble shooting in its function and discharge of the suction and air exhaust fan, the same had been functioning defective and create sound vibration and loud noise and in this regard several times the complainant intimated to the O.P.s but the O.P.s neither paid any attention nor sent any representative to resolve the said problem. The complainant also added that the said kitchen chimney was under a life time warranty for chimney motor and others for one year but the O.P. company ignoring the facts and trying to overlap the warranty period.

The complainant also argued that she had cleared all most all the installment payment but when the O.P. did not provide their service to restore the good function of the said machine then on 20.03.2018 she issued a legal notice to the O.P. company stating and demanding the exchange of the chimney by replacement and against the said legal notice of the complainant on 18.04.2018 the O.P. company sent reply and was trying to escape from the liability of warranty and also denied to exchange the troubleshoot. The complainant also added that the service provider of the O.P. visited complainant’s house and observed the loud sound of the machine and suggested to bring expert from the O.P. Company but never did the same and due to this reason the complainant withheld the last installment. The complainant also argued that the said machine was defective and complainant was not able to use it and without taking any step to resolve the defect of the said machine the O.P. keep going to receive installment payment from the complainant. The complainant also argued that several times she communicate with the O.P. to resolve this problem so that she can use the product but the O.P. company did not take any initiative and finally having no other alternative the complainant lodged this case in this Commission.

The prayers of complainant are as follows :

1. To admit the complaint,
2. To issue the notice upon the respondents,
3. To pass an order and judgment holding the respondent department made deficiency in service to be rendered by them in favour of the complainant and against the respondents.
4. To pass judgment and order that the complainant is entitled to get Replacement of the alleged chimney/or any parts and machine thereof which are troubleshooting, in favour of the complainant against the respondents.
5. To pass an order awarding Rs. 25,000/- for mental tension, harassment, and agony suffered by the complainant because of defective product,
6. To pass judgment and order awarding interest @ 18% per annum against the aforesaid award from the date of the sum due till the realization of the amount in favour of the complainant against the respondent,
7. For and order for local investigation, commission.

                    List of Documents filed by the complainant:

1. Purchase voucher f the Kutchina Kitchen chimney dated 26.08.2017
2. Advocate Notice dated 20.03.2018,
3. Postal receipts dated 20.03.2018.
4. A/D card.
5. Reply letter of the respondent date dated 18.04.2018.   

          Regarding this instant case, the Opposite Party- 1) The Manager, Renaissance, Kutchina Show Room, 1^st Floor, H. No. 115/6, S.M.C. Ward No. 11, Sevoke Road, Opp. Gurudwara, P.O. & P.S.: Siliguri, Dist.: Darjeeling, Pin Code- 734001 did not file W.V. within scheduled time (45 days) and as per the Order No. 08, dated 28.11.2018 the case runs ex- parte against O.P. No. 1. On behalf of the Opposite Party (O.P.)- 2) The Branch Manager, Renaissance, 45 Nazrul Sarani (near JTS Club), Hakim Para, Siliguri- 01, P.O. and P.S.: Siliguri, Dist.: Darjeling who contested the case by filing Written Version (W.V.) and as per his W.V.s the case is as follows.

          The O.P. No. 2 in his Written Version denied all allegations made by the complainant and also argued that as soon as the complainant reported that the said chimney developed some snag the O.P. No.2 instantly sanctioned one service engineer to repair the said chimney and the said service engineer resolved the snag by taking but in spite of removing the snag of the of the said chimney, the complainant wanted to replace the chimney by a new one  

List of documents filed by the O.P. No.2 are as follows :

1. Photocopy of reply of legal notice.
2. Photocopy of warranty cum service book.
3. Photocopy of e-mal forwarded communication from company,
4. Photocopy of order form & Indian Postal copy.
5. Photocopy of call list of phone bill.

Having heard, the Ld. Advocate of both the sides and on perusal of the Complaint, Written Version and documents filed by the parties the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

Decision with reasons

          All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of both the parties in full length.

The complainant resides in the jurisdiction of Siliguri, Dist.- Darjeeling and the O.P. No.1 and 2 is also carrying their business in Siliguri, Dist.- Darjeeling - 734001, West Bengal. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consume Protection Act, 1986 and Consumer Protection Act- 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case.

At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.

In this instant case, it is very much clear from the case record that the complainant purchased 01 (one) number of Kutchina Kitchen Chimney, Model- Goldex with pipe from the O.P. No.01 at the total cost of Rs. 18, 990/- (Rs. Eighteen Thousand Nine Hundred and Ninety) only with down payment of Rs. 4, 500/- (Rupees Four Thousand and Five Hunderd) only under Cash Memo No. 1010 and so, this Commission has no doubt to hold that the complainant is a very much consumer as per the C. P. Act 1986 and C. P. Act 2019.  

As per evidence of the complainant it is also very much clear that the said 01 (one) no. of Kitchen Chimney found defective after repairing by O.P. No.1. So, it is the duty of the O.P.s to supply a product with a good condition because when a consumer always buys a product from a reputed company like Kutchina, Bajoria Home Appliance Pvt. Ltd. with an expectation of delivery of a good quality of product and service as well as better offerings from the company but in this instant case the company failed to provide a quality product and also failed to deliver its best services to his consumer. It is fact that the said 01 (one) no. of Kitchen Chimney was under the coverage of 01 (one) year warranty period along with lifetime warranty coverage only for chimney motor provided by the O.P.s and in this context it was the duty of the O.P.s to deliver their best service to his consumer and this Commission has no doubt to hold that the O.P.s did not provide their best service to his consumer.

So, as per the above discussion this Commission has no doubt that there was a deficiency of services from the part of the O.P.s. In this instance case, the O.P.s are jointly and severally liable. The O.P.s are directed to either replace a new Kuitchen Chimney in place of the said defective kitchen chimney within 30 (Thirty) days from the date of this order or to refund the purchased amount of the said 01 (one) no. of Kitchen Chimney with a simple interest @ 6% per annum from the date of purchase of the said 01 (one) no. of Kitchen Chimney by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 2,000/- (Rupees Two Thousand) only for mental pain and agony and Rs. 2,000/- (Rupees Two Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 2,000/- (Rupees Two Thousand) only to Consumer Legal Aid Account of this Commission. The O.P.s are entitled to get liberty to take back the said 01 (one) no. of defective Kitchen Chimney with their own cost.     

Hence, it is,

O R D E R E D

That the Consumer Case No. 92/2018 be and same is allowed in contest against the O.P. No. 2, The Branch Manager, Renaissance, 45 Nazrul Sarani (near JTS Club), Hakim Para, Siliguri- 01, P.O. and P.S.: Siliguri, Dist.: Darjeling and ex-parte against O.P. No.1, The Manager, Renaissance, Kutchina Show Room, 1^st Floor, H. No. 115/6, S.M.C. Ward No. 11, Sevoke Road, Opp. Gurudwara, P.O. & P.S.: Siliguri, Dist.: Darjeeling, Pin Code- 734001. In this instance case, the O.P.s are jointly and severally liable.  

The O.P.s are directed to either replace a new Kuitchen Chimney in place of the said defective kitchen chimney within 30 (Thirty) days from the date of this order or to refund the purchased amount of the said 01 (one) no. of Kitchen Chimney with a simple interest @ 6% per annum from the date of purchase of the said 01 (one) no. of Kitchen Chimney by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 2,000/- (Rupees Two Thousand) only for mental pain and agony and Rs. 2,000/- (Rupees Two Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 2,000/- (Rupees Two Thousand) only to Consumer Legal Aid Account of this Commission. The O.P.s are entitled to get liberty to take back the said 01 (one) no. of defective Kitchen Chimney with their own cost. This Commission also gives liberty to the O.P.s to recover the balance installment amount from the complainant with due process of law.

 Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.