West Bengal

Dakshin Dinajpur

EA/4/2015

Subhankar Ghoshal - Complainant(s)

Versus

The Managing Director Samsung India Electronics Pvt. Ltd. 2nd floor Tower C Vipul Tech Square, Secto - Opp.Party(s)

Anish Das

20 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Execution Application No. EA/4/2015
In
Complaint Case No. CC/41/2014
 
1. Subhankar Ghoshal
S/o. Late Kumaresh Chandra Ghoshal Vill. Chakbhabani P.O. & P.S. Balurghat Dist. Dakshin Dinajpur
Dakshin Dinajpur
West Bengal
...........Appellant(s)
Versus
1. The Managing Director Samsung India Electronics Pvt. Ltd. 2nd floor Tower C Vipul Tech Square, Sector 43, golf course road Gurgoan, Haryana 122002
The Managing Director Samsung India Electronics Pvt. Ltd. 2nd floor Tower C Vipul Tech Square, Sector 43, golf course road Gurgoan, Haryana 122002
2. The Head Customer Care, Samsung Customer Care Center, Samsung India Electronics Pvt. Ltd., 2nd Floor,Tower-C,Vipul Tech Square, Sector-43,Golf Course Road, Gurgoan, Haryana-122002
The Head Customer Care, Samsung Customer Care Center, Samsung India Electronics Pvt. Ltd., 2nd Floor,Tower-C,Vipul Tech Square, Sector-43,Golf Course Road, Gurgoan, Haryana-122002
3. The Service Engineer, Samsung Customer Care Center, Samsung India Electronics Pvt. Ltd., 2nd Floor,Tower-C,Vipul Tech Square, Sector-43,Golf Course Road, Gurgoan, Haryana-122002
The Service Engineer, Samsung Customer Care Center, Samsung India Electronics Pvt. Ltd., 2nd Floor,Tower-C,Vipul Tech Square, Sector-43,Golf Course Road, Gurgoan, Haryana-122002
4. Shibayan Sarkar
Shibayan Sarkar, Authorized dealer, Prop. Of New Arati Electronics Vill-Patiram(Chowranghi, near B.G.V.Bank), P.O-Patiram, P.S-Balurghat, Dist-Dakshin Dinajpur
Dakshin Dinajpur
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Ananta Kumar Kapri PRESIDENT
 HON'BLE MR. Siddhartha Ganguli MEMBER
 HON'BLE MS. Swapna saha Lady Member
 
For the Appellant:
For the Respondent:
Dated : 20 Feb 2017
Final Order / Judgement

The case record is Put-up today as per the prayer of the Jdr No.4 Shibayan Sarkar @ Shiben Sarkar.

The Jdr No.4 surrendered himself before this Forum today and prays for his bail.

Copy served upon the Dhr.

Hd. the parties.

The Jdr no.4 submitted that he is willing and ready to pay full amount to the Dhr as per the order of the Forum, as passed in the CC-41/2014 and willing to comply the order, and also prays for his bail.

The Dhr is also willing to receive the same.

The Jdr No.4 paid Rs.15,774/- in cash and Rs.5,000/- by cheque vide no.20 dt.20.02.2017 in favour of Decree holder, payable at Bandhan Bank at per any branch, as per the order of the Forum, along with up to date interest.

The Dhr, received the same without any objection, in open ejlash.

The Dhr, also submitted a receipt of the above noted payment.

Let the receipt be kept in the record.

The Dhr, also submitted by a prayer that he has received full amount and therefore the case may be dropped as full satisfaction.

It is seen from the case record that W/A was issued against Jdr No.4 due to non-payment of the decreetal amount and / or non compliance of the order of the Forum as passed in CC-41/2014.

Today the Jdr No.4 has surrendered and complied the order of the Forum.

Hence, the prayer of his bail is considered and allowed.

The Jdr No.4 is directed to furnish a bond of Rs.25,000/-.

Later

The Jdr No.4 furnished a bond of Rs.25,000/-.

He is released and discharged from the case.

B/C is directed to issue recall process.

It is further seen from the copy of order as passed in CC-41/2014 that OP No.4 was directed to replace a new refrigerator of the same make and model against the defect refrigerator within a period of 30days from the date of order, i.d, to pay Rs.14,000/- to the complainant with interest @8% P.a. till realisation.

He was further directed to pay Rs.5,000/- by way of cheque towards compensation & litigation cost.

Today, the Jdr No.4 paid Rs.15,774/- in cash and Rs.5,000/- by cheque as per the above order and the Dhr received the same.

Consequently, the Dhr is directed to return the defective refrigerator to the Jdr No.4 as full and final payment has been made.

Considering the above, we are of the view that the case may be disposed of as full satisfaction.

Accordingly, the case is disposed of as full satisfaction. 

 
 
[HON'BLE MR. JUSTICE Ananta Kumar Kapri]
PRESIDENT
 
[HON'BLE MR. Siddhartha Ganguli]
MEMBER
 
[HON'BLE MS. Swapna saha]
Lady Member

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