DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _13_ OF ___2016_
DATE OF FILING : 12.2.2016 DATE OF PASSING JUDGEMENT: 03.11.2017
Present : President : Udayan Mukhopadhyay
Member(s) : Jhunu Prasad & Subrata Sarker
COMPLAINANT : Biswajit Ghosh, Pacific View Flat no.1A, 1st Floor, 1040, Garia Govt. Colony, P.O Boral, - 154 (Shiv Mandir Para) Boral, Kolkata – 154.
-VERSUS -
O.P/O.Ps : 1. Fairdeal Intenational Garia, 466 Raja S.C Mallick Road, Kolkata – 84.
2. Bazaz Allianz General Insurance Co. Ltd. (KOL) Eco. Space 3rd Floor, Plot no.-11/F/11, New Town, Rajarhat,Kolkata – 156.
3. L.G Electronics India Pvt. Ltd. Tirupati Enclave, 30/3, N.S .C Bose Road, Narendrapur, Kolkata
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J U D G E M E N T
Jhunu Prasad, Lady Member
Brief facts which are necessary to dispose of this case are re-capitulated as under:-
In diminutive, the case of the complainant, is that, the complainant’s son had purchased one water purifier on 06.08.2014 from ‘Fairdeal International’ Gariah ,which was financed by ‘Bajaj Allianz Finance’ that’s why the Bajaj Allianz Finance issued a Insurance policy of the said water purifier in favour of the complainant vide policy N0.OG-15-1000-6609-00083973 dt. 20.8.2014 with three years extended warranty.
After purchasing the said water purifier, it was not working properly.
The complainant immediately informed the LG service centre. The LG service centre sent the mechanic and changed the parts and repaired the said defective water purifier and charged Rs.4058/-for repairing charge on 12.09.2015.
Thereafter the complainant demanded Rs.4058/- from Bajaj Allianz, which was paid by the complainant to the LG service centre as the complainant availed the extended warranty policy up to 05.08.2017, but the Bajaj Allianz did not take any step, moreover till date the said water purifier became out of order.
Having no other alternative the complainant lodged complains, before C.A. & F.B.P., Kolkata, but to no effect.
Hence, the complainant filed this instant complaint for getting relief.
Issued notices upon the Opposite Parties.
After receiving notices the O.P.No.1 & 2 appeared to contest the complaint by way of filing written version.
Notice was dully served upon the Opposite Party No.3, but the Opposite Party No.3 did not appear to controvert and to refute the case, so the case is heard ex-party against the O.P.No.3.
In written version the O.P No.1 denied the contentions and all material allegations made by the complainant in the petition of complaint, stating, inter alia, that the complainant has no cause of action and the complaint is not maintainable and the instant complaint should be treated as vexatious complaint.
In written version the O.P No. 1 stated that the OP.No.1 is only the seller. The said water purifieris purchased by Indrajeet Ghosh from O.P No 1 on 6.8.2014, two years back and the said article was financed by Bajaj Finance, the O.P No.2. Warranty /Guarantee was provided by the manufacturer. So, it is the duty and responsibility of the manufacturer to provide warranty and guarantee. As a seller the O.P No.1 has no liability and duty to change or to repair the article. Therefore, the instant case is liable to be dropped against the O.P No.1.
In the written version filed by the O.P N0.2 they also denied the contentions and all material allegations made by the complainant in the petition of complaint , stating, inter alia, that the complainant has no cause of action and the complaint is not maintainable and the instant complaint should be treated as vexatious complaint.
In the written version the O.P No. 2 also stated that, the ‘Extended policy document’ has specifically stated the circumstances which are outside the ambit and scope of any claim which is marked as ‘Exclusion’ in the extended policy document. In clause 10 and 11 of ‘Extended Warranty policy’ has specially stated that, “any defect or faults that were not covered under the manufacturer’s warranty is not covered and ‘any loss or damage due to or consequent upon wear and tear and / or gradual deterioration of the Insured asset is also not covered in the said policy’.
The O.P N0.2 also stated that from the e-receipt filed by the complainant reveals that RO filter, solenoid valve and candle get damaged due to efflux of time and due to high iron contest in the water and it had to be changed, but the O.P No.2 cannot be held liable for any damage and/or loss. Therefore, no claim will be entertained outside the scope and ambit of such policy document and prayed for dismissal of the complaint.
Point for Decision:-
- Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons:-
At the time of argument both parties filed evidence in chief, questionnaires, reply and BNA to support of their claim.
All points are taken up together for consideration for the sake of argument and brevity.
We have carefully considered and scrutinized the submission made before us by the Ld. Advocate for the complainant and also the Ld. Advocate for the OP.No.1 and 2.
On overall evaluation of the argument advanced by the Ld. Advocates of the contested parties, and on critical appreciation of the case record, it is clearly evident that admittedly the complainant purchased one water purifier from the O.P No.1 ‘Fair Deal International’ and it has been financed by Bajaj Finance, O.P No 2.
Fact remains that after one year from the date of purchase , the said water purifier became defective and it was not working properly as well as warranty period had been over.
Facts also remain that, the complainant stated in the petition of complaint that due to shortage of water and high iron in the water of their locality the said water purifier became out of water. Immediately the complainant informed the O.P No.3. The O.P No.3 sent one mechanic and after repairing of the same the said mechanic charged Rs.4058/- for repairing charge. But the said water purifier became defective again, that’s why the complainant prayed new water purifier with new warranty.
Manifestly from the record and documents it reveal, that the complainant did not file any scrap of documents to show that after repairing the said defective water purifier became defective again.
From the record and documents it is also revealed, that the complainant obtained Insurance policy from O.P No.2 Bajaj Allianz for the said water purifier and the O.P No.2 Bajaj Allianz also provided 2 years extended warranty. But in terms & condition of the policy ‘Exclusions’ clause 9,10 and 12 specifically stated that “Replacement of any consumable item of the Insured Asset, including but not limited to batteries, bulbs plugs, cables, ribbons belts, tapes, fuses, filters, toner or software”. “Defects or faults that were not covered under the manufacturer’s warranty”. “loss or damage due arising out of improper or abnormal electrical/gas/water supply or signal connection to the insured Asset”. It has been clearly stated that the mature of complaint are not within the coverage of the policy.
The record also reveals that the O.P. No.1 charged Rs.4058/- on 12.09.2015 for changing some defective parts, which is not covered under the policy coverage.
Therefore, we are of the view that cause of defects occurred with the water purifier as stated by the complainant are under the “Exclusion” clause of the extended policy.
Accordingly, the Opposite Parties did not commit any deficiency in service in the matter and the complainant is not entitled to get any relief as prayed for.
Hence, the complaint filed by the complainant did not succeed.
Therefore,
It is
ORDERED
That the complainant be and the same is dismissed on contest without any cost against the Opposite Parties.
Let copy of this order be supplied to the parties free of cost when applied for.
Member Member President
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complainant be and the same is dismissed on contest without any cost against the Opposite Parties.
Let copy of this order be supplied to the parties free of cost when applied for.
Member Member President
