Order No.   13                                     Date : 05.10.2016.  

          This is an application U/S 12 of the C. P. Act, 1986 filed by the petitioner,  Smt. Saraswati Kar, Praying  for a direction upon the o.ps. to return her purchase money of Rs. 36,250/- with interest since payment to realization and to pay compensation of Rs. 50,000/- for mental agony and harassment and also cost of proceeding.

          The facts of the case of petitioner, is that she advanced a sum of  Rs. 1,000/- to the o.ps. through their salesman Sujit Kr. Mridha on 02.05.2014 for one 1.5 ton A.C.  and the same was installed on 19,.05.2014 on further payment of Rs. 35,250/-. However, after installation the A.C. could not make the room of petitioner cool enough and the petitioner and her son informed the matter to o.p. on 24.05.2014, 30.07.2014, 02.8.2014 and 16.08.2014 but the problem was not solved. Son of petitioner, Abhijit Kar, lodged a complaint before o.p. no. 1 on 27.08.2014 but the problem continued and then petitioner went to the Consumer Affairs Department and finding no solution filed this case.

          The o.ps. though served with notice and appeared in the case yet filed no written version and filed petition for settlement but finally the matter was heard ex parte against all the o.ps.

Points for determination  :

          The only points to be decided here one whether the petitioner purchased the A.C. Machine of o.ps. and whether there was deficiency in service on the part of o.ps. and whether the petitioner is entitled to the reliefs as prayed for ?      

Decision with Reasons  :

          All the issues are taken up together for the sake of convenience and brevity of discussion and to skip off reiteration. In support of he3r case the petitioner filed affidavit in evidence and also her purchase receipt and money receipt and the cheque through which the payment was made to the o.ps. by the petitioner proved the fact that the petitioner advanced a sum of Rs. 1,000/- to the o.ps. on 02.05.2014 and made the full payment of Rs. 36,250/- when the A.C. machine was installed in her house on 19.05.2014 and all these oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte.

          In the result, the case succeeds.

          Court fees paid on the petition is correct.

          Hence,

                                O r d e r e d

          That the C.C.  no. 268 of 2015 be and the same is allowed ex parte without cost as no specific amount of cost is prayed for.

          The petitioner is entitled to the reliefs as prayed for and the o.ps. are directed to replace the  A.C. Machine of the petitioner by a new one of same model and price in place of the old one which be returned by the petitioner to o.p. after due installation of same free of charge or the o.ps. to refund the purchase price of Rs. 36,250/- to the petitioner with @ 9% interest from the date of purchase till realization. The o.ps. to comply the final order within 30 days from the date of the order i.d., the petitioner would be at liberty to put the order in execution.

          Let a copy each of this final order be given to the parties, free of costs.