Orissa

Sambalpur

CC/23/2019

Shreyas Supakar - Complainant(s)

Versus

1-Jaypee Electronics - Opp.Party(s)

24 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 23/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Shreyas Supakar,

S/O- Dr. Chiranjeev Supakar

SRIT Chowk, At/po- Budhraja, Ps- Ainthapali,

Dist-Sambalpur.                                                   ………..…..Complainant

 

Vrs.

1. Jaypee Electronics

Samleswari Market Complex,

Budharaja Dist-Sambalpur.

2. Godrej Samrt Care(Calcutta Freeze centre),

Old Private Bus stand, Modipada, Sambalpur.

3. Godrej & Boyce Mfg.Co. Ltd. (Appliances Devision),

Pirojshanagar, Vikhrohi, Mumbai-400079………..Opp. Parties

Counsels:-

1. For the Complainant                   :-Self
2. For the O.P.s                                 :- None

 

DATE OF HEARING :XXXXXXXX, DATE OF JUDGEMENT : 24.08.2022

           Presented by Sri. Sadanada Tripathy, MEMBER,

1. The Brief fact of the Complainant is that the Complainant’s father purchased a washing machine of Godrej (Model GWF70IFCS) with serial no. 110900125 on dtd. 25.08.2012 in the name of the complainant namely Shreyas Supakar who is minor from O.P No. 1. On dtd. 19.06.2017, he made annual maintenance contract with the Godrej Company through O.P. No. 2 on payment of Rs. 3801 /- for a period of 2 years. The said AMC expires on dtd. 18.06.2019. On dtd. 16.07.2018 the washing machine became out of order, not functioning at all, for which he lodged a complaint to the company through toll free no. and complaint no. W1607519619 was allotted to him against his complaint. The company in its reply said that the machine’s defective part is obsolete and is no longer available and rest amount of one year of AMC may be refunded. According to the version of the company, the complainant’s washing machine for which he paid a sum of rupees Eighteen thousand and five hundred (Rs. 18500/-) is of no use. Inspite of repeated complaint through e-mails, the company did not respond to repair the washing machine. Rather, the company knowingly closed the complaint calls stating house locked, refused to pay etc falsely.
2. The O.Ps are set exparte.

ISSUES

1. Is the Complainant is the consumer of the Ops?
2. Is there any deficiency of service in part of Ops?
3. Whether the Complainant is entitled for getting any relief?

Issue No. 1

Is the Complainant is the consumer of the Ops?

The Complainant’s father purchased a washing machine of godrej (Model GWF70IFCS) with serial no. 110900125 on dtd. 25.08.2012 in the name of the complainant namely Shreyas Supakar who is a minor, from O.P No. 1. Hence he is the consumer of the Ops.

Issue No. 2

Is there any deficiency of service in part of Ops?

The O.Ps did not repair the washing machine nor replaced the washing machine. Hence the O.Ps are complete deficient in service.

Issue No. 3

Whether the Complainant is entitled for getting any relief?

From the facts of both the parties, the Complainant is fully entitled for getting reliefs what he claims in his complaint petition.

                             ORDER

It is directed to the O.Ps to pay an amount of Rs. 18,500/- toward cost of washing machine with 9% interest per annum from dtd. 16.07.2018 to the date of payment to the Complainant within 30 days from the date of order, failing which the amount will carry with 12% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 24th day of Aug, 2022.

Free copies of this order to the parties are supplied.