Date of filing:-07/07/2018.
Date of Order:-19/08/2019
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 48 of 2018.
Babulu Mahammad, aged about 40 (forty) years S/o Late Jalil Mohammad, Resident of Sandha Tikra, Tora, Ps/Tahasil/Dist. Bargarh ... ..... .... Complainant.
-: V e r s u s :-
- Sanjaya Kumar Mittal, Sanjay Sales, At. Gosala Complex, Gandhi Chowk, Bargarh, Po/Ps/Tahasil/Dist. Bargarh.
- Customer Care Officer, M/s Tekcare India Private Limited At- 15 KM Store, Aurangabad, Paithan Road, Village- Chitegaon, Taluk- Paithan Dist. Aurangabad-431105 (Maharastra)..... ..... ..... ...... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Satpathy, Advocate with other Advocates.
For the Opposite Parties :- Ex-parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.19/08/2019. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member (w):-
In pursuant to Section 12 of the Consumer Protection Act-1986, the Complainant has preferred to file this case pertaining to deficiency in service caused to him by the Opposite Parties as here under:-
The brief fact of the case is that, the Complainant has purchased a Kenstar Grinder-Cum-Multi Processor bearing Model No. KFR60W4MDBE, HSN Code 8509 for an amount of Rs.5,000/-(Rupees five thousand)only on Dt.06/11/2017 for his domestic use from the Opposite Party No.1(one), the authorized local dealer of various Kenstar Brand products. After some days of use by the Complainant the said Grinder-Cum-Multiprocessor became defective within the warranty period for which the Complainant reported before the Opposite Party No.1(one) personally and before Opposite Party No.2(two) over telephone, who is the authorized service center to look after and to sort out the problems arising out of the Kenstar products and as per the instruction of Opposite Party No.1(one), the Complainant brought the said defective grinder to the shop of Opposite Party No.1(one) where the service man said that some part of the unit need to be replaced for which he has to wait for some days. There after more than five months has been passed but they did not do anything on that matter even after several request has been made by the Complainant which, amounts to deficiency in rendering service to him. And due to non functioning of the multiprocessor the family of the Complainant have suffered a lot and sustained mental and physical harassment. Then finding no way out the Complainant has served a pleader notice Dt.02/05/2018 on the Opposite Parties to replace the product with a new one within a fortnight and to pay Rs.10,000/-(Rupees ten thousand)only as compensation for his suffering, otherwise he would take legal step against them. But the Opposite Parties remain silent after receiving the pleader notice from the Complainant without taking any action. These acts and conducts of the Opposite Parties towards the Complainant amounting to unfair trade practice so also negligence and deficiency in consumer service towards the Complainant/Consumer. Thus the Opposite Parties are liable to compensate the Complainant jointly and severally to replace the product with a new one, consequent upon which the Complainant came up with the case for redressal of his grievance before the Forum along with the following documents in his support.
- Original money receipt of the Grinder-Cum-Multiprocessor issued by the Opposite Party No.1(one) Sanjay Sales in favour of the Complainant.
- Office copy of Pleader Notice Dt.02/05/2018.
- Original postal receipts (two numbers)
- Original owner's manual including the warranty card.
Having gone through the complaint petition and the documents and hearing his Advocate, the Hon'ble Forum admitted the case. Notices were served on the Opposite Parties but on being noticed the Opposite Parties neither appeared nor filed their version, consequent whereupon the Forum was pleased to set them as Ex-parte on Dt.01/07/2019 and the date fixed for Ex-parte hearing. Heard the matter from the advocate for the Complainant and posted for Ex-parte Order.
After a careful scrutiny of the case record it is found that the Complainant has purchased a Kenstar Grinder-Cum-Multiprocessor bearing Model No. KFR60W4MDBE, HSN Code 8509 and Sl No.E50716400500600778 from the Opposite Party No.1(one) on payment of Rs.5,000/-(Rupees five thousand)only for his domestic use and the Opposite Party No.1(one) has issued the money receipt bearing Bill No.4858 Dt.06/11/2007 in that regard and the said Multiprocessor became defective within two year's of warranty period from the date of purchase is proved by the original money receipt and owner's manual annexed by the Complainant in the case record. So the Complainant is a genuine consumer of the Opposite Parties. Again the Complainant alleged in his petition that after some days of use, the said grinder became defective and stop functioning for which he complained before the Opposite Party No.1(one) and as per his direction he produced the defective grinder before him, where the service man opined that some parts of the grinder has to be replaced for which he has to wait for some days, as the parts are to be provided by the company and the Complainant has also placed his grievance before the Opposite Party No.2(two) as per the direction of Opposite Party No.1(one) over telephone. Even six months has been passed after his grievance the Opposite Parties have not taken any steps in that regard in spite of assurance has been given to him to repair the same as soon as possible by the Opposite Parties which amounts to negligence and deficiency in service to the Complainant. Again it is revealed form the warranty card, prevailed in the owners manual book, the said Grinder is within the warranty period of twenty four months from the date of purchase. In that warranty card it is clearly mentioned that “Videocon Industries Ltd. warrant to the purchaser of this product that for a period of twenty four months, commencing from the date of purchase, the company will repair or replace free of charge any part or part of the product, should the company be fully satisfied in its sole discretion that the defect/s is/are due to faulty material or defective workmanship only”. The warranty card bearing serial No. E507164400 500600778 and model No. KFR60WGMDBE Dt.06/11/2017 being counter signed by Opposite Party No.1(one) issued to the Complainant shows the terms and conditions of warranty existing now upon the product of the company. So in order to provide justice to the consumer/customer, the manufacturer and the dealer should either replace the Grinder or refund the cost of the product or provide the grinder in absolute “defect free” functioning condition to the Complainant. In fact, in the circumstance of this case, it is the duly of the dealer and the manufacturer to pay a pro-active role and remove the defects in the said grinder, where as the Opposite Parties failed to do so in spite of keeping the said defective grinder with them.
From the above facts, it is fairly concluded that although defect occurred within the warranty period, neither it replaced nor rectified by the Opposite Parties in due course of time which amounts to deficiency in service and adopting unfair trade practice by the Opposite Parties to their customer/consumer. Again legal notice Dt.02/05/2018 were also served by the Complainant to Opposite Parties through his advocate. But they remain silent on that. Notice from the Hon'ble Forum were also duly served on the Opposite Parties but neither they appear nor filed any version and evidences to disprove the case before the Forum till Dt.01/07/2019. So their non-appearance before the Forum clearly shows that they are willfully disobeying the order of the Forum and they have nothing to say about the dispute matter. Due to these act and attitude of the Opposite Parties the Complainant has not only suffered mentally but also face physical harassment. Whereas the purpose of purchasing the Grinder has also been frustrated. Hence, the negligence and deficiency in consumer service towards the Complainant lies with the Opposite Parties, for which they are jointly and severally liable to compensate the Complainant from what he suffered.
Hence, it can be concluded that the Complainant is a genuine consumer of the Opposite Parties U/s 12 of Consumer Protection Act-1986. And by non providing proper consumer service towards the Complainant the Opposite Parties are guilty of deficiency in service to the Complainant and have adopted unfair trade practice and are jointly and severally liable for compensation soughted by him.
Now we are of the view that the Complainant is entitled for the reliefs as claimed by him for which both the Opposite Parties are jointly and severally liable, hence the order follows:-
-: O R D E R :-
The Opposite Parties are jointly and severally directed to replace the Grinder-Cum-Multiprocessor with a new one of the same make and model to the Complainant or refund the cost of the same i.e. Rs.5,000/-(Rupees five thousand)only with an interest of 8%(eight percent) per annum from the date of purchase of the said Grinder-Cum-Multiprocessor i.e. Dt.06/11/2017 till the date of this order and Rs.2,000/-(Rupees two thousand)only towards mental agony and physical harassment and Rs.2,000/-(Rupees two thousand)only for litigation charges caused by the Opposite Parties to the Complainant within thirty days from receipt of this Order, failing which, the total awarded amount shall carry an interest of 12%(twelve percent) per annum till the actual realization of the amount.
The case is allowed against the Opposite Parties and order is pronounced in the open Forum on Dt.19/08/2019 and disposed of accordingly.
Typed to my dictation
and corrected by me.
( Ajanta Subhadarsinee)
I agree, M e m b e r.
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
