- Reshma Nehal,
9, Bal Mukund Makar Road,
P.S. Jorasanko, Kolkata-7. _________ Complainant
____Versus____
- Vision Cool Services
Exclusively Samsung Service Centre,
2, New Taratalla Road,
P.S. Taratalla, Kolkata-88.
- Khosla Electronic Pvt. Ltd.
37, Syed Amir Ali Avenue,
P.S. Karaya, Kolkata-19. ________ Opposite Parties
Present : Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 20 Dated 25/03/2015
The case of the complainant in short is that complainant was gifted a Samsung refrigerator by his brother Md. Tanveer Alam by purchasing the same from o.p. no.2. The said refrigerator was working and the same started disfunctioning on or about 20.6.12 whereby complainant lodged a complaint before o.p. no.1 at their registered and authorized service centre at 2, New Taratalla Road, under P.S. Taratalla, Kolkata-700088 for the service assured to be render as per the customer details warranty card and in the view thereto o.p. no.1 visited the complainant’s residence on 20.6.12 whereby the service assistant of o.p. no.1 opened the compressor of the said refrigerator and took the same to their workshop in as much as claiming that the said compressor have been repaired installed the same on 4.7.12 whereby charged a sum of Rs.2595/- and the complainant under compulsion paid the said amount vide cash receipt no.43061 to o.p. no.1 which was beyond the terms and conditions of the said warranty.
On the very same day the said refrigerator collapsed whereby the complainant being perplexed and bewildered contacted the o.p. no.1 over telephone and narrated the facts that the said refrigerator has stopped working for the reasons not known to the complainant and o.p. no.1 in a highly disappointing manner totally ignoring and denying the terms of the said warranty estimated and communicated that a sum of Rs.15,000/- only shall be charged with a deduction of 10% as per the customers details warranty and the same has no existence as the customers details warranty speaks otherwise.
Complainant seeking no other alternative being compelled and constrained issued legal notice dt.26.8.12 upon the o.ps. through her lawful agent Sri Ranjit Das, Advocate whereby calling upon the o.p. nop.1 look into the matter for the non service or the deficiency of service caused from the part of o.p. no.1 by unnecessary charging money flouting the terms and condition of the warranty making the complainant suffer heavy losses in spite of being bona fide customer and to make necessary arrangement to replace the compressor of the said refrigerator within seven days from the service of this notice and the said notice was sent to o.ps. to the addresses mentioned in the cause title of this complaint through speed post with A/D and though the o.ps. duly received the said notice on 30.8.12 at their office at Kolkata but till date remained calm and quite showing a deaf ear. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
Decision with reasons:
O.p. no.1 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. O.p. no.2 did not contest the case by filing w/v and as such, matter was heard ex parte against o.p. no.2.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. no.1 attended the refrigerator and replace the parts for which complainant paid the cost. O.p. no.1 after giving service for almost five years of the warranty period and attended clause to the satisfaction of the complainant. O.p. no.1 attended the refrigerator and asked for warranty card on 10.7.12. Complainant has failed and neglected to produce the same and for such non cooperation on the part of complainant the said call was cancelled and there was no negligence and/or deficiency on the part of o.p. On perusal of the entire materials on record and in view of the findings above, we find that complainant has failed to substantiate and prove her case and is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest against o.p. no.1 and ex parte against o.p. no.2 without cost.
Supply certified copy of this order to the parties free of cost.
the course in Mumbai shall have exclusive jurisdiction to try and entertain dispute which has been arisen between the parties and complainants were duly handed over a copy of the terms and conditions at the time when they had opted for undertaking the tour. Complainants on receiving the terms and conditions agreed to undertake the tour. The claim of the complainants in the instant case is based on the alleged grievance regarding not granting visa in favour of Vrinda Agarwal, grand daughter of complainants due to which according to them her trip had to be cancelled. It is further seen from the record that as per clause of cancellation due to visa rejection in terms and conditions of the company is specially speaks that it is responsibility of the clients to get the visa done and the said company shall not be liable if it is rejected by the concerned consulate / authorities. The said clause specifically states that the confirmation of the particular date is subject to obtaining the visa and not otherwise. Grant of visa to any client is to sole discretion of the consulate and the particular nation where client intends to visit. The documents required to be submitted along with application for visa must be supplied by the customer / client and o.p. no.1 or any other authorized representative did not have any role in furnishing the same.
In view of the findings above and on careful scrutiny of the entire materials on record, we find no lapse or deficiency in service on the part of o.ps. being service providers and complainants have failed to substantiate and prove their case and are not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
