In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 117 / 2012

1)                 Manoj Kumar Prasad,

11/1A, Beliaghata Road, Kolkata-35                                          ---------- Complainant

---Versus---

2)         Videocon Industries Ltd.,

             39A, Harish Mukherjee Road,

             P.S.Bhawanipur, Kolkata-14.

3)                  DIGI WORLD, Gateway Electronics,

167, Jessore Road, Club Town Green, G.F., Kolkata-55                     ------- Opposite Parties

Present :         Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

Order No.  6     Dated  09/10/2012.

            The petition of complaint has been filed by the complainant Manoj Kumar Prasad against the o.ps. Videocon Industries Ltd. and another.  The case of the complainant in short is that he purchased a Videocon Washing Machine Careen Plus 6.5 kg Model VF 65 CPSL from o.p. no.2 on 23.9.11. After using the said machine for six weeks, it started creating problem and complainant immediately informed the Customer Care Centre on 28.11.11 and they rectified the defect and replaced the parts of the said machine and after using the said machine it was again creating problem and ultimately it became totally out of order. Complainant stated before the matter was heard the o.p. replaced the new washing machine but complainant found the same problem in replaced new washing machine as previous one. Complainant states that there is a manufacturing defect and it is not possible for them to replace the said washing machine after every two months. Thereafter complainant caused legal notice through his lawyer on 16.2.12 and another letter on 7.3.12 addressed to Customer Care Centre, but only o.p. no.2 replied and asked complainant to make claim from Videocon Industries i.e. o.p. no.1. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            Both the o.ps. did not turn up and contest the case by filing w/v and as such matter has been heard ex parte against both the o.ps.

Decision with reasons:-

            We have gone through the pleadings of the complainant, evidence and documents in particular and we find that the o.ps. have not come forward to challenge and/or rebut the evidence of complainant and accordingly, we hold that the evidence of complainant has remained unchallenged testimony and we find no reason to disbelieve the same.

            Accordingly, we hold that o.ps. had sufficient deficiency being service provider to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed ex parte against both the o.ps. with cost. O.ps. are jointly and/or severally directed to pay a sum of Rs.26,000/- (Rupees twenty six thousand) only being the cost of washing machine in question with interest @ 9% p.a. from the date of payment till the date of realization and are further directed to pay compensation of Rs.7000/- (Rupees seven 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.

            Complainant is directed to return the washing machine in question lying with him within 15 days after realization of the entire award.

            Supply certified copy of this order to the parties free of cost.