Order No. 16  Dt. 13.07.2017

          The complaint case u/s 12 & 13 of the C.P. Act 1986.

          The complainant’s case in a nutshell is that he purchased Samsung Air Conditioned Machine at a price of Rs.43600/- on 05.03.2015 from O.P. Nos.2 who was the proprietor of O.P. No.1 enterprise styled as Maya Electronics at Malda and the manufacturer of the said A.C. Machine was O.P. No.3 Samsung India Electronics Pvt. Ltd. At the time of said purchase a warranty card and guarantee was provided to the complainant by the O.P. No.2 for proper functioning and maintaining of the said machine. After few days of purchase a bad sound was coming out from the machine and it was not properly functioning. The O.P. No. 2 was duly informed by lodging complaint and O.P. No.2 after visiting the house of the petitioner inspected the machine and for proper functioning the motor of the machine was changed. But after few days the malfunctioning of the machine was started and a bad sound was continuing. The petitioner on several occasions approached the O.P. No.2 either to change the machine or refund him money but the O.P. No.2 did not pay him heed. The petitioner founding no other alternative sent a letter by registered post with A.D. to O.P. Nos. 1 and 2 on 15.01.2016 asking them either to replace the machine or refund the price money. In spite of the said written complaint on the part of the O.P. no step was taken. Accordingly, the petitioner came to the Forum with the instant complaint.

          The Forum admitted case on its own merit and issued notice upon the O.P. Nos. 1,2 and 3. The O.P. side in spite of notice did not come before the Forum to contest the case. The Forum considered it necessary to hear the case ex parte. One Aninda Bose on behalf of Samsung India Electronics Pvt. Ltd. filed a written version as well as prayed for vacating order to hear the case ex parte. Subsequently, said Aninda Bose also did not contest the case. So the matter was heard ex parte.  The complainant Nirmal Biswas submitted his affidavit –in – chief along with necessary documents in support of his case.

          After consulting the affidavit-in-chief and on perusal of necessary documents it is found that the alleged A.C. Machine was purchased by the complainant from O.P. Nos. 1 and 2 on 05.03.2015 and installed the said machine to his dwelling house for domestic purpose. The cash memo and warranty shows that the entire price purchase money was duly paid and thereafter the machine was installed at his residence and warranty period is still continuing. The complaint letter shows that for the last time on 15.01 2016 the complainant lastly approached the O.P. Nos. 1 and 2 either to replace the machine or to make it functioning properly or to refund the price money, In spite of the said written complaint by post the O.P. on their part did not do anything. Therefore, the petitioner was compelled to come before the Forum for redressal of his grievances.

After appreciating the right cause of the complainant the Forum considered its necessity to pass proper order to meet out the grievances of the complainant. On the other hand in spite of existence of the warranty period the O.P. Nos. 2 and 3 could not take proper step to remove the difficulties which was facing by the complainant for malfunctioning of the A.C. machine. It is their duty being seller and manufacturer of the A.C. machine to satisfy the need of the bonafide customer but they did not discharge their legal and moral obligation which tantamount to deficiency in service. So the case becomes succeeds.

          Proper fee paid

 Hence,                            ordered

 that the O.P. Nos. 1,2 and 3 are asked to refund the price money of the A.C. Machine to the complainant and withdraw the machine at their own cost from dwelling house of the complainant and to pay interest @ 6% p.a. to the complainant over the purchase money from the day of the said purchase within a month failing which another 6% p.a. shall be carried on over the awarded money.

           For harassment and litigation cost another Rs.10000/- is hereby awarded in favour of the complainant and O.P. Nos. 1,2 and 3 are asked to pay the said amount of Rs. 10000/- to the complainant within a month failing which 6% p.a. over Rs.1000/- , Rs.10000/- be imposed from the date of passing this judgment.   

           A free copy of this order be supplied to the petitioner free of cost and the separate copies be sent to the O.P. by post to their respective addresses.

           If the O.Ps fail to comply the order of this Forum the petitioner will be at liberty to put the decree into execution.