DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.309/2016
Date of Filing: Date of Admission Date of Disposal:
24.05.2016 30.05.2016 17.05.2017
Complainant = Vs. = O.P.
Deborpita Pal, 1. Branch service-In-Charge
69A,Vivekananda Road, Hitachi Home and Life Solutions(India)Ltd.
P.O-Beadon Street, P.S-Girish Park, BE-10/2,Jyangra,D.B.Nagar,Rajarhat Road.
Kolkata-700006 kolkata-700059
2. The Proprietor of Discount plaza.
37,Madan Mohantala Street,
Kolkata-700005
P R E S E N T :- Pradip Kumar Bandyopadhyay……President (Additional Charge)
:- Smt.Kabita Acherjee(Goswami)………………………….Member
J U D G E M E N T
This case has been filed by the complainant Deborpita Pal, on 24.05.2016 under Section 12 of the C.P. Act, 1986 against The op No –
1.Hitachi Home and Life solution(India)Ltd.
2. The proprietor of Discount Plaza.
The facts of the case, to put in a nutshell, are as below:-
1). That the complainant purchased a Refrigerator Hitachi 390 Ltr.R-SG37BPND, Vide bill No.85, from OP No -1 for a consideration of Rs. 36,500/ on 16.05.15. and since the very fast day it was not cooling or working properly. Immediately thereafter the complainant informed the matter to the OPs.
Written And Typed By Me Contd…..2/-
C. C. Case No.-309/2016
2
The OP.No-2 sent mechanics to the house of the complainant and they checked and tried to repair the said Refrigerator but was not succeeded.
The mechanics changed two spare parts of the said refrigerator in spite of that it was not functioning properly. The mechanics visited 7-8 consecutive days but could not be able to solve the problem.
The complainant thereafter sent a letter by writing to O.P.No.2 and claimed a fresh Hitachi refrigerator in exchange of said faulty refrigerator.
But she was replied by a letter that the claim of the complaint could not be entertained as she purchased a grader refrigerator at a huge discount price.
It is contended by the Complainant that at the time of purchase of the said refrigerator she was assured by the O.P’s salesman that if any disputes arises in future they would provide post sale service.
It is further alleged by the complainant that the OPs sold a faulty refrigerator and practised unfair trade practice and for that reason the complainant suffered a lot and findings no other alternative she was compelled to file this case before this forum for getting proper redress as prayed for in the petition of complaint as under:-
The complainant prayed for the following reliefs:-
1. To change the faulty purchased refrigerator or refund the entire purchase amount of Rs. 36,500/-
2. Compensation of Rs.10,000/-for physical harassment & mental agony.
3. Litigation cost of Rs. 2000/-
Written And Typed By Me Contd…..3
C. C. Case No.-309/2016
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Complainant filed the following documents by making annexure to prove her case, which are as follows:-
1). Cash memo of Discount Plaza Dt-16.5.16 vide bill no 85.
2).Copy of letter sent to the manager of Hitachi dt 13.8.15.
3). Copy of letter of the Hitachi dt.17.8.15.in which reply was made.
4). Copy of letter sent to the manager of Hitachi 3.9.15.
On the basis of the pleadings of the Complainant, documents filed and evidence adduced, following points have been framed:-
Point for decision
1. Is the complainant a consumer?
2. Are the O.Ps guilty of deficiency in service?
3. What relief the complainant is entitled to get?
The complainant filed E- chief and also filed BNA. She also filed relevant documents in original during the course of hearing and during argument she submitted that she incurred Rs. 2072/ for repairing of the refrigerator and it is now in working condition.
The O.Ps entered appearance on 26.9.2016. and prayed time for filing W.V but on subsequent dates they remained absent and due to that the case was fixed Ex- party against them.
Reasoned decision
All the points are taken together for brevity and avoidance of repetition.
Written And Typed By Me Contd…..4/
C. C. Case No.-309/2016
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In this case the complainant had purchased a refrigerator from the O.P no -1 at a consideration of Rs 36,500/ on 16.5.2015. She submitted the bill for Rs. 36.500/ of the same.
Hence, we hold the view that she is a consumer in terms of sec 2 (1)(d) of the C.P . Act, 1986.
It is alleged by the complainant that the Refrigerator was defective since installation. She intimated that non functioning of the said Refrigerator to the O.Ps concerned. And the O.Ps sent mechanics for repairing of the same but failed to repair it properly.
The complainant did not get proper cooling from the said refrigerator and she also sent a letter to the O.Ps for replacement of the defective refrigerator which they declined to accept.
The O.Ps failed to repair the refrigerator. It is contended that the O.Ps sold a defective faulty refrigerator and adopted unfair trade practice.
The unchallenged testimony of the Complainant has proved the case and we hold the view that the O.Ps failed to repair the refrigerator as complained by the complainant and also failed to replace the same, the O.Ps were negligent and deficient in service and therefore the complainant is entitled to get relief.
Had the O.Ps contested this case and adduced evidence on their part it would have been clear why they failed to provide service.
Written And Typed By Me Contd…..5/-
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Hence, ist is
Ordered
That the case is allowed Ex-parte in part against the O.Ps but without costs.
The O.Ps are directed to pay Rs. 2,072/ to the complainant which she incurred for the purpose of the repair of the Refrigerator by her own cost and they are further directed to pay R.s - 2000/ for physical harassment, mental agony by way of compensation.
The total amount i.e (Rs.2072/+2000/)=Rs.4072/ shall be paid within 15 days from the date of this order, failing which the entire amount shall carry an interest at the rate of 8% per annum till realization.
If the above order is not complied with by the O.Ps within the stipulated period as stated above the complainant is at liberty to file an execution case for realization of the entire amount in terms of the provisions of the C.P,Act.1986.
Copy be delivered to the parties free of cost.
Member President
Written And Typed By Me.
