IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/124/2015.

 Date of Filing:   04.09.2015.                                                                         Date of Final Order: 09.09.2016.

Complainant :  Biswaanath Roy, S/O Late Dulal Ch. Roy.

                         12 No., Jagadish Bhattacharyee Lane, P.O. Khagra, P.s. Berhampore,

                         Dist. Murshidabad.     

-Vs-

Opposite Party: Unique Service Centre, Pro. Goutam Maitra,

                           Amar Chakraborty Road, Indraprastha, Adjacent to “Naba Nagar Club.

                          Geetanjali Saloon, P.O. Khagra, P.S. Berhampore, Dist. Murshidabad-742103.

                       Present:    Sri Anupam Bhattacharyya …………………. President.                              

                                          Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

            Smt. Pranati Ali, Presiding Member.

Instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 for return of money related with Rs.2200/- + Rs.200/- as cost of repair  and  parts and servicing costs as well as Rs.10,000/- as compensation along with Rs.500/- as advocate notice cost from the OP.

            The fact of the complaint’s case, in brief, is that the complainant is a consumer under the OP/UNIQUE Service Centre by requesting to repair his refrigerator with non-functioning of cooling system along with a burning smell. The OP sent two servicing personnel to the complainant and they checked the problem and collected the refrigerator  for repairing on 23.04.2015. On 20.05.2015 the OP handed over the repaired refrigerator to the complainant and the complainant also paid the sum of rs.2200/- for that along with the fare of Van Rs.200/- to the OP. The complainant against informed the OP on 01.06.2015 with the same problem of his refrigerator and the OP sent his mechanic to check and the machine advised to replace the compressor machine of the refrigerator. The OP charged Rs.3200/- to do that. According to the complainant, the OP promised to remove the defect. So, the OP should replace the compressor and make functional condition of the refrigerator. Thereafter, the complainant sent a lawyer’s notice to the OP on 09.06.2015 to solve the problem of compression within 10 days from the date of this notice. The OP failed to do the repairing job and so the OP should pay the repaired charges of Rs.2200/- and van-fare of Rs.200/- along with Rs.10,000/- as compensation for harassment and mental agony to the complainant.

            On the other hand, the OP entered into this case by filing written version, where he denied all the allegations. According to the OP, it is true that the complainant requested to repair his refrigerator to the OP and the OP’s mechanic brought to refrigerator to repair and after repair it was functioning nearly 10 days. But, again the said refrigerator was out of order and the complainant s demanded that the OP made agreement/contract that his refrigerator would be completely problem less, which is not true. The OP never made any commitment that he can solve all the problems of the said refrigerator. Rather, this OP suggested to the complainant to supply the compressor machine parts, which is mostly requirement for entire repair of the said freeze. But the complainant never does that without supplying the necessary parts the complaint delayed as well as neglected the repair work. So, the complainant cannot allege the OP for unfinished work as well as the question of money back and pay compensation to the complaint is not arisen. The OP’s case is liable to be dismissed against the OP with cost.  

            The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.

                                                            Decision with Reasons.

            The complainant submitted some documents in support of his case. 

            Perused the record , we observed that the complainant informed and requested to the OP to repair his defective refrigerator and the OP’s mechanic investigated and repaired the refrigerator in running condition on 20.05.2015 against the charge of Rs.2200/- which was evident from the money receipt  submitted by the complainant. But after 10 days, when again the said refrigerator became out of order, then the complainant alleged to the OP that he did not repair properly, for that the problem starts. Besides this the complainant’s another allegation is that the OP made agreement with him to make   the refrigerator completely functional, which the OP breach. Particularly in this point, we have a clear view that the OP is a service centre, who cannot replace the parts like manufacturer, he will give service only. Record shows that the OP made the said freeze in running condition. Reason behind out of order in second time was different and according to OP that problem also be overcome/repair, if the compressor machine’s parts are supplied by the complainant. So, the OP has no deficiency in service on this point.

            Regarding agreement, mentioned by the complainant, we observed that there is no agreement or contract in the record. The complainant has failed to prove his point of allegation that the Op breaks the agreement or breach of contract.  

            In the question of serving changes return to the complainant, record shows that the OP repaired the out of order refrigerator in running condition. So, his service charges are justified. But with same charges the OP is liable to repair the second problem as demanded by the complainant is not justified, whereas the problem is different and after 10 days running condition, especially when some parts are needed.  At the time of argument of this proceeding, the OP agreed to solve the problem without claiming any charge for repair, if the complainant supply the compressor machine parts to him.

            On the basis of above discussions and also consideration the documentary evidence as to repair the said refrigerator by the OP, we have no other alternative but to conclude that the complainant is to get relief  partly.  

            Hence,

                                                                    Ordered

that the Consumer Complaint No. 124/2015 be and the same is hereby allowed partly on merit without any order as to cost.

            The OP is directed to repair the said refrigerator of the complainant free of cost on the basis of supply of compressor machine and related part to the OP by the complainant. The OP is further directed to repair the same within 45 days after receiving the parts from the complainant i.e Rs.50/- per day’s delay  and the amount so accumulated shall be deposited in Consumer Legal Aid Account.    

         Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

                                   Member                                                                                                   President