IN THE DISTRICT CONSUMER DISPUTE

REDRESSAL FORUM
KOLKATA

CONSUMER COMPLAINT NO..OF 2016

In the matter of:

A complaint under Section 11 and 12 of

the Consumer Protection Act, 1986

and the rules made there under

-And-

Kanan Gill, residing at

4/1 Park Street, Kolkata-700017

..Complainant

-Versus-

Boots & Heels Industries Limited, a company incorporated under

the Companies Act, 1956 and carrying on business at

2, Southern Avenue, Kolkata-700086

.Respondent
To

The Honble President

And His Companion Members

Of the District Consumer Dispute Redressal Forum

The complainant
above named

Most respectfully

SHEWETH:-

1. The respondent is a manufacturer of electrical goods and appliances

including air conditioners and carries on business at 2, Southern Avenue,
Kolkata-700086.

2. The claim of compensation and/or redressal of grievances of the complaint

does not exceed Rs 4,50,000.

3. The complaint relates to the malfunctioning of the washing Machine

purchased by the complainant from the respondent about 15 months ago.
This application is being made within 1 year from the date of cause of action.

4. On 29th March 2014, the complainant purchased one washing Machine from
the respondent at Rs 48,509.

5. The complainant paid the price, took delivery of the same and the respondent
issued a cash memo and a warranty card guaranteeing the proper functioning
of the washing machine. The guarantee was valid for 2 years.

A copy of the cash memo and the warrant card is annexed hereto and marked as A-
1 and A-2 respectively.

6. After about 19 days of running the said air conditioner in accordance with the
printed instructions given by the respondents, the outdoor unit of the said
electrical appliance started malfunctioning. The complainant by his letter
dated 17th April, 2014 complained to the respondent setting out the non-
functioning of the air conditioner including the malfunctioning of its outdoor
unit.
A copy of the abovementioned letter is annexed hereto and marked as A-3.
 7. The respondent sent its mechanic on 20th April, 2014, who apparently
repaired the defect. But after 45days of smooth running, the outdoor unit
started malfunctioning again since the compressor was not working properly
and apparently there was also a leak in the gas pipe.

8. After several reminders, the respondent sent one of its mechanics again who
tried to repair the compressor and also installed a new gas pipe. But he
stated that the defect in the compressor was a manufacturing glitch and
therefore the outdoor unit could not be fully repaired.

9. The complainant requested the respondent by a letter dated 02 nd February,

2015 to replace the said outdoor unit as there was a manufacturing defect
and in spite of best efforts, the respondents mechanic could not repair the
defect. The respondent received the said letter but neither replaced the
outdoor unit nor repaired the defect. They also did not provide the
complainant with a reply or feedback.

A copy of the abovementioned letter is annexed hereto and marked as A-4.

10.The complainant also sent an email to the official customer service email
address on 04th April, 2015 but here too, the complainant did not get any
solution to his problem.
A copy of the email sent to the abovementioned email address has been
annexed hereto and marked as A-5.

11.By reasons of the breach of the agreement, breach of warranty and

negligence of the respondent, the complainant has suffered loss and
damages which the complainant assesses at Rs 49,000.

In the facts and circumstances of the case, the complainant prays for the following
reliefs:-

A. Refund of Rs 48,509 paid to the respondent

for the purchase of the said washing machine.
B. Interest from the date of purchase of Rs 48,509
@18% per annum
C. Damages for harassment, physical injury and
mental agony assessed at Rs 35,000
D. Cost of the present proceeding
E. Further and other reliefs as the complainant is
entitled to.
And the complainant as in duty bound shall ever pray.
PlaceKolkata

Date.April 10, 2016

VERIFICATION
I, Mr. Kanan Gill, son of Mr. Harjeet Gill, residing at 4/1 Park Street, Kolkata-700017,
do hereby solemnly declare and state that the statements contained in the
preceding paragraphs of this complaint are true to the best of my knowledge and
belief and nothing stated herein is false and I have not suppressed any material
fact.

Verified at .. on this 10th day of April, 2016.

Deponent identified by me

(MOHAMMED ARHAM REZA)

Advocate

ANNEXURES:
1. Cash Memo (A-1)
2. Warranty Card (A-2)
3. Complaint letter dated 17th April, 2014 (A-3)
4. Complaint letter dated 02nd February, 2015 (A-4)
5. Email containing complaint to customer service desk dated on 04 th April,
2015 (A-5)