- (1.) This is an application under Article 227 of the Constitution of India, inter alia, challenging the order dated 6th May, 2010 passed by the learned State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as the "State Commission") in S. C. Case No. FA/462/2009 confirming the order No. 13 dated 29th October, 2009 passed by the learned Calcutta District Consumer Disputes Redressal Forum Unit I (hereinafter referred to as the "District Commission") in C. D. F. Unit I case No. 115/2008.
(2.) The factual matrix giving rise to the instant litigation is as follows The respondent No. 1/complainant (hereinafter referred to as "the respondent") being attracted by an advertisement issued by the petitioner/ opposite party No. 1 (hereinafter referred to as "the petitioner") and intending to purchase a Microwave Oven having grill, baking and toast facilities, on or about 23.12.2006, visited the office/showroom of the petitioner. The sales personnel of the petitioner persuaded the respondent and his family members to buy the Microwave Oven of Videocon having model No. VC3300. They assured the respondent that after sales service would be rendered by Videocon Industry Limited, the proforma respondent herein, through its local service centres and the same was promised to be of the highest standard. The respondent accordingly paid a consolidated price of Rs. 8,300/- and the petitioner issued an invoice being tax credit memo bearing No. AB0898 dated 23.12.1996. The Microwave Oven was delivered by the petitioner on 23.12.2006 and it worked satisfactorily upto March, 2007 but suddenly stopped functioning thereafter. Complaints were made to the petitioner by the respondent in this regard. Pursuant to such complaints, representatives of the petitioner visited the residence of the respondent and it was reported by their service engineers that the printed circuit bearing (PCB for short) had become dead and that the same required replacement.
(3.) However, no steps were taken by the petitioner to repair the said Microwave Oven or replace the same.;