In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 371 / 2011 .
1) Swastic Claim Services,
Represented by Sri Bipul Chanda,
12A, N.S. Road, 1st floor, Kolkata-1. ---------- Complainant
---Versus---
1) Videocon Industries Ltd.,
Having its office and carrying on business at
Shankar Chowk, Uddyog Vihar,
Plot No.296, Phase-II, Gurgaon-122015 and
Regional office (East) at 39A, Harish Mukherjee Road, 3rd Floor, Kolkata-25.
2) Videocon Appliances Ltd.,
83, Linton Street, Ground Floor, Kolkata-14.
3) Amit Electric and Refrigeration Co.
1, Chandni Chowk Street, Kolkata-72. ----------Opposite Parties.
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 12 Dated 19/11/2012.
The petition of complaint has been filed by the complainant Swastic Claim Services against the o.ps. Videocon Industries Ltd and others. The case of the complainant in short is that complainant bought one Air Condition Machine (1 ton) from o.p. no.3 on 23.4.05 being model VA 1201 DX1, bearing serial no.VIC 05503000022 with a remote to the tune of Rs.13,696.87. After installation of the said AC machine, it started giving various problems like compressor was not functioning properly as well as temperature was also fluctuated accordingly. Complainant informed o.p. no.3 over telephone to replace the said account machine, but complainant was advised by o.p. no.3 to contact o.p. nos.1 and 2 for any complications, thereafter complainant contacted o.p. nos.1 and 2 and the said AC machine was repaired by the technicians of o.p. no.2. and after the repair of the said machine it gave trouble for several times and every time complainant contacted o.p. no.1 and the technicians of o.p. no.2 repaired the said AC machine time to time.
Complainant requested the technicians of o.p. nos.1 and 2 to replace the aid AC machine with a new one instead of repairing it, but o.p. nos.1 and 2 least bothered on the request and as a result all of a sudden in May 2010 the compressor of the said AC machine shut down, the same was reported to o.p. no.1 and the compressor was replaced and after replacement of the compressor the said AC machine is giving trouble often and on. Complainant finally sent a letter on 1.10.11 through registered post with a/d to o.p. n os.1 and 2, but even then o.p. nos.1 and 2 did not perform their duties. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the A.C. machine in question actually put trouble and it was repaired occasionally by o.ps. but even after changing compressor the defects could not be removed. Therefore, we find that a person after due payment in purchasing an A.C. machine he supposed to get service but herein the instant case we find that the same is absent and there must be some manufacturing defects in the said machine and the same is within the warranty period and therefore, o.ps. are found deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund the cost of the A.C. machine in question worth Rs.13,696.87 (Rupees thirteen thousand six hundred ninety six and eighty seven paise) along with interest 9% p.a. from the date of purchase till realization and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization and complainant is directed to return the AC Machine to o.ps. within fifteen days from the date of payment by the o.p. as lying with the complainant.
Supply certified copy of this order to the parties free of cost.
