Date of filing: 12.07.2017 Date of disposal: 19.01.2017
Complainant: Raju Bhakat, S/o. Sri Rabindra Nath Bhakat, resident of Bhatchala Peon Para, PO: Sripally, PS. & District: Burdwan, PIN – 713 103.
Opposite Party: 1. The Managing Director, Great Eastern Appliances Pvt. Ltd., having its Registered Office at 15B, Sarat Bose Road, Kolkata – 700 020.
2. The Branch Manager, Great Eastern Appliances Pvt. Ltd., having its Branch Office at 306, G. T. Road, East end, PS. & District: Burdwan, PIN – 713 101.
3. The Managing Director, Carrier Midea India Pvt. Ltd., having its Registered Office at 1st Floor, Pearl Global Tower, Plot No. 51, Industrial Area, Sector 32, PO. & PS: Gurgaon, 122 001, Haryana.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant(s): Ld. Advocate, Mrinal Kanti Kesh.
Appeared for the Opposite Party No. 1&2: None.
Appeared for the Opposite Party No. 3: Ld. Advocate, Ms. Arpita Duarah, Sr. Manager-Legal (the Attorney).
Order No. 10, Dated 19.01.2017
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice as the Ops did not rectify the defects of the A.C. Split machine.
The case of the complainant is that he purchased an A.C. machine on 27.01.2017 of Rs. 39,000=00 from the OP-2. After installation of the said machine after few days several defects have been cropped up and the complainant lodge complaint before the OP-2 and visited the OP-2 several times in the office. The OP-2 send service engineers several times for repairing the defects and location wherefrom defects are arising but the said engineers unable to repair the specific defects and opined that several kinds of defects already existed, for which the service engineers unable to rectify the defects and left the place without repairing the same. Thereafter he visited the office of the OP-2 and inspite of repeated requests for replace/repair of the said machine but OP-2 paid no heed to the request. The complainant several times call over mobile number to the customer care regarding the defects and company send different engineers for rectifying the defects but till today the said machine is inoperative. For this reason the complaint is filed.
It is found from the records that the OP-3 filed an evidence on affidavit on 31.10.2017 along with a Job Card dated 27.10.2017 from where it is written in Technician Remarks: Now A.C. Raning and cooling OK and signed by the Technician. In Customer’s Remarks: At present A/C Machine running Cooling OK and signed by the Customer.
It is also found from the records that the complainant filed evidence on affidavit on 04.12.2017 but the fact of repairing by the OP-3 and the A.C. is running and cooling in proper condition has not been mentioned. The fact has been suppressed by the complainant on four consecutive dates i.e. on 31.10.2017, 07.11.2017, 04.12.2017 & 09.01.2018.
As the grievance of the complainant has been redressed by the OP-3 and the same has been corroborated by the complainant as per the Job Card filed by the OP-3, and the complainant though filed hazira but none was present at the time of ex parte hearing, therefore, we are of the opinion that the complainant has lost his interest to proceed with the case further, the complaint should be dismissed due to non-prosecution.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 123/2017 be and the same is dismissed due to non-prosecution.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Jayanti Maitra (Ray)
Dictated and corrected by me. President
DCDRF, Burdwan
(Jayanti Maitra (Ray)
President
DCDRF, Burdwan
(Nivedita Ghosh) (Tapan Kumar Tripathy)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
