DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. No-166/2019
Arising out of C.C. NO- 475/2013
Date of Filing: Date of Disposal:
20.03.2019 25.03.2019
Complainant:- Aditi Sarkar,
D/o Sri. Kanu Chandra Sarkar, CPTA Block,
P.O.-Hridaypur, P.S.-Barasat,
District-North 24 Parganas, Pin-700127.
=Vs=
Opposite Parties:- 1. The Manager,
PANASONIC India Limited PI-Service Team,
1, U.N. Brahmacharry Street, Vikas Tower,
3rd Floor, Kolkata-700 016.
2. The Manager,
Charchco India Private Limited,
72, Sarojini pally, Helabattala, Barasat,
Kolkata-700 126.
3. The Manager,
Great Eastern Appliances Private Limited,
33/B, Jessore Road, Barasat, Kolkata-700 126.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………….….President.
:- Smt. Silpi Majumder ………………………………Member.
:- Smt. Monisha Shaw …………………………………Member.
ORDER No- 18
This order is arising out of the MA being no-166/2019 filed by the Complainant in the consumer complaint no-475/2019 praying for appointment of one technical expert who after examining the questioned television set will submit his expert opinion.
In the application the Complainant has stated that she filed this complaint before this Ld. Forum. After considering the pleadings, materials on record and argument the Ld. Forum was pleased to pass the judgment on 04.08.2015 by allowing the complaint in favour of the Complainant. Several directions was given by the Ld. Forum to the OPs for compliance within a specific period. But the OPs have neglected and failed to comply with the said directions till date. Being dissatisfied and aggrieved with the said judgment the OPs have preferred an appeal before the Hon’ble SCDRC, which was registered therein a First Appeal no-A/737/2015. On 29.10.2018 the Hon’ble SCDRC was pleased to dispose of the said appeal by allowing the same in part without any cost. The Hon’ble SCDRC was pleased to send the case back on remand to this ld. Forum with the direction to deliver a reasoned order providing the contesting sides the opportunity to place their respective submission on merit of the case and also ascertaining the nature of the defect that the television has developed through testing to be done as per procedure by a competent technical expert.
Cont…………….2
:2:
M.A. No-166/2019
Arising out of C.C. NO- 475/2013
The parties were directed to report to the Ld. Forum on 27.11.2018. Accordingly the Complainant has filed this application praying for an expert opinion from the technical expert. The Complainant has submitted that if this application is not allowed, she will suffer irreparable loss and injury and prayer is made for allowing this application.
The Ld. Counsel for the OPs has received the copy of this application and stated that the OPs have no objection as the Hon’ble SCDRC was pleased to give direction in this effect. If the Ld. Forum will allow this application, the OPs have no objection. According to the OPs also this application is required to be allowed for ascertaining the actual defects in the questioned television set, if any or not.
We have carefully perused the content of the application and it our view that as the Hon’ble SCDRC has been pleased to give direction to the Complainant for filing an application praying for appointment of the technical expert for expert opinion, hence we are not empowered to raise any question to this effect. As per direction as the Complainant has filed the instant application, in our opinion the same should be allowed.
Hence it is ordered that the MA being no-166/2019 is hereby allowed on contest without any cost.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
