Hon’ble Mr. Subhas Ch. Guin, Member.

The sum and substance of the complaint petition is that the Complainant, Mr. Hirendra Chandra Deb Sharma a resident of West Khagrabari Road. P.0. Bamanpara, P.S.-Kotowari, Dist. Cooch Behar, purchased one Kutchina Kitchen chimney-Model-Arc in the year 2014 from the Manager, Renaissance Kitchen & Home Solutions Pvt. Ltd. RRN Read, P.S. Kotowali, Dist- Coochbehar(O.P.). On completion of free servicing, the O.P. Proposed the Complainant to pay 3 yrs Annual Maintenance charge (AMC) Rs. 7080/- for servicing his chimney with 12 number of quarterly service. So, the Complainant paid Rs 7080/- on 02-11-21 as per proposal of the O.P. and the O.P. issued 3 yrs AMC Book No - 1111 in favour of the petitioner for the period 02-11-21 to 01-11-24. That after three quarterly service, the motor of the ARC model chimney was out of order and O.P. installed old motor in place of new motor which was not functioning properly. The O.P. told the Complainant that the Company did not manufacture motor of ARC model chimney and O.P. suggested to the petitioner to purchase new chimney on exchange offer to overcome the frequent disturbance of the old chimney. As per proposal of the O.P. the petitioner purchased a new chimney and paid Rs. 33,000/- for Luxen Premium model on 17-07-22 after deducting the exchange Value Rs. 5,000/-. At the time of purchase of the new model of chimney the O.P. told the Complainant that nine number of remaining service of ARC modal chimney would be adjusted to the new chimney.

Then after the free eservice period of Luxen Premium model chimney, on 06.07.2023, the Complainant informed the O.P. to start rest 9 service of the ARC model chimney but the O.P. did not start due service as per assurance or terms and Conditions of the Kutchina AMC price list. In the AMC price list of Kutchina chimney, both ARC model and Luxen model fall in the same group having price Rs. 7080/-. The new chimney was not functioning property but the O.P did not service the chimney although 9(nine) service was due as per previous AMC of ARC model Kutchina Chimney. Ultimately, the Complainant sent written complaint to the O.P through registered post and the O.P till today did not provide service to the chimney nor did he refund Rs. 5310/- for nine quarterly service charge which was received by the O.P. So, the Complainant is entitled to get Rs. 5,310/- from the O.P. as per calculation which is given Rs. 7080/-/12= Rs. 590/- per service. 9 (nine) due service x 590 = Rs. 5,310/-. The Complainant alleged that these activities of the O.P. was deficiency in service as well as unfair trade practice. The cause of action of the case arose on 02-11-21 when the Complainant paid Rs. 7,080/- for 3 yrs  service and on 17-07-22 when he purchase new chimney and on 14-07-22 when he filed written complaint and still continued. Therefore, the Complainant prayed for a direction to the O.P. to provide 9 (nine) quarterly service to chimney of the Complainant or to refund Rs. 5,310/- to the Complainant with up to date interest. He also prayed to pay Rs. 1,00,000/- for deficiency in service as well as mental pain and agony and Rs. 20,000/- for litigation cost.

Summon was served upon the O.P. on 10-08-23 but the O.P. did not appear before the Commission to contest the case. So, the Commission decided to hear the case ex-parte against the O.P vide order No.03 dt. 13-09-23.

The Complainant, Sri Hirendra chandra Deb Sharma signed an  Annual Maintenance Contract of his Kutchina Kitchen chimney Model - ARC for 3 yrs, with quarterly service on payment of  Rs. 7,080/- (Anex-1) after free service of the chimney. After three quarterly service, he had to change his chimney due to problem of the motor with an exchange offer after paying Rs. 33,000/- on 18-07-22 (Anex-2). During the purchase of new chimney model-Luxen premium, the O.P. assured the Complainant that he would adjust the remaining nine services of the old chimney with the new one. So, the Complainant informed the O.P to start the service  which was due in the old chimney after free service of the new chimney as per assurance and terms and conditions of Kutchina AMC price list wherein it is seen that both ARC Model & Luxen premium model fall in the same category having price Rs. 7,080/-. But despite repeated request O.P did not service the chimney of the Complainant. Ultimately, he sent a written complaint to the O.P  requesting free service of the new chimney or refund of Rs. 5,310/- against nine service falling due (Anex-4) but all these attempts made by the Complainant were in vain. The Complainant is entitled to get nine free service of the old chimney which were supposed to be adjusted with the new one as per assurance given by the O.P. But the O.P neither serviced the new chimney nor did he refund the money for nine services which had fallen due from the old chimney. These activities of the O.P tantamounts to deficiency in service which cause mental pain and agony to the Complainant. Therefore, the Complainant is entitled to get relief for the same.

Hence, it is

Ordered

That the instant case be and the same is allowed ex-parte against O.P.

The O.P is directed to pay Rs.5,310/- with up to date interest @ 6% p.a. and Rs.20,000/- for deficiency in service as well as mental pain and agony and Rs.10,000/- for litigation cost. The Op is again directed to pay the total awarded sum within (30) thirty days from the date of this order failing which the total awarded sum shall carry an interest @ 6% p.a. till its realization.

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.