State Consumer Disputes Redressal Commission
Mr. Somenath Basu vs Haier Appliances(I) Pvt. Ltd. & Anr. on 19 August, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/844/2018 ( Date of Filing : 04 Oct 2018 ) (Arisen out of Order Dated 24/09/2018 in Case No. EA/240/2015 of District Kolkata-II(Central)) 1. Mr. Somenath Basu S/o Lt. Sushil Kr. Basu, 104/D, Karunamoyee Ghat Road, P.O. & P.S. - Haridevpur, Kolkata - 700 082. ...........Appellant(s) Versus 1. Haier Appliances(I) Pvt. Ltd. & Anr. Plot no. J-5, Block -EP & GP, Salt Lake, Sector -5, Kolkata - 700 091. 2. Direct Service Centre, Haier Appliances(I) Pvt. Ltd. P-505, Keyatala Road, Kolkata - 700 029. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: In-person, Advocate For the Respondent: Mr. Debasis Mitra., Advocate Dated : 19 Aug 2019 Final Order / Judgement Sri Shyamal Gupta, Member
This Appeal is directed against the Order dated 24-09-2018, passed by the Ld. District Forum, Kolkata-II (Central) in EA/240/2015.
The moot point for determination in this Appeal is whether the Forum below had any authority whatsoever to fix up a new deadline for implementation of the decree by the Respondents.
Before we deliberate on this issue, let us first see the background of this Appeal.
The Appellant filed complaint case bearing no. 214/2015 alleging supply of a defective washing machine by the Respondents. After hearing concerned parties, the Ld. District Forum vide its order dated 06-10-2015 directed the Respondents to properly repair the subject washing machine. Being not satisfied with such order, the Appellant moved an Appeal bearing no. A/1345/2015 and vide order dated 11-04-2018, this Commission directed the Respondents to repair the machine on or before 15-07-2018. Meanwhile, the Appellant filed the above mentioned Execution Case before the Ld. District Forum in which the impugned order was passed. Feeling aggrieved with such order, this Appeal is moved.
Both sides of the spectrum were heard at length and documents on record gone through carefully.
In terms of the Order of this Commission dated 11-04-2018, the Respondents were accorded time till 15-07-2018 to repair the washing machine in question. No Appeal was preferred against the said order before the Hon'ble National Commission; thereby, the aforesaid decision attained finality.
In view of this, the Ld. District Forum, being the executing Court, had got no authority whatsoever to go beyond the decree and set a new deadline at its wisdom for implementation of the decree in proper perspective. No material proof is advanced from the end of the Respondents to show that within the given time frame they worked in right earnest to implement the decree. In view of this, we are constrained to direct the Ld. District Forum to take suitable legal steps against the Respondents for non-compliance of the order.
The Appeal, accordingly, stands allowed. The impugned order is hereby set aside. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER