DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 02 OF 2019
DATE OF FILING: 7.1.2019 DATE OF JUDGEMENT: 9.12.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad & Jagdish Chandra Barman
COMPLAINANT : Anju Das, wife of Amal Kumar Das, at Subhaloy Dasbhavan, New K.B Roy Garden, P.O Garia, P.S Sonarpur, Kolkata-84.
O.P/O.Ps : 1. Sales Emporium, 3652, Garia Main Road, Hindustan More, Ramkrishna Nagar, Garia Gardens, P.S Sonarpur, Kolkata-84.
2. Samsung Service Centre, Techtronics, 99, Ramkrishna Nagar, Sonarpur, Kolkata-153.
3. Samsung Regional Office, Kolkata, 10A, OC Ganguly Sarani, Sreepally, P.S Bhowanipur, Kolkata-20.
4. Samsung India Electronics Private Limited.
A-25, Ground Floor, Front Tower, Mohan Cooperative Industrial Estate, New Delhi-110044.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The complainant as above named purchased a Samsung Refrigerator being Model no.RF50K5910DP/JL, MSN 8418 on 6.10.2017 from the shop of O.p-1 for Rs.1,05,000/-. After a few days of the purchase of the said refrigerator, it went defective; water started percolating from it. Complainant lodged complaint before the O.p-2 i.e the authorized Service Center of Samsung Company on 6.6.2018. The Engineer of the company came to the house of the complainant and repaired the fridge on 12.6.2018. Thereafter, the same problem again cropped up and, therefore, the complainant was compelled to lodge complaint with the O.P-2 again on 23.6.2018. This time, none came to repair the fridge from the O.P-2. So, again complaint was lodged by the complainant on 17.7.2018 and this time, one Engineer came from the O.P company. In this way, the problem of the water droplet continued and Engineers were sent by the O.P company one after another, but to no effect. Problem of the refrigerator of the company is yet to be solved; water is still percolating on the floor from it. Now, the complainant has come up before this Forum with the filing of the instant case , praying for replacement of the fridge or in the alternative, for refund of the consideration price with compensation etc. Hence, this case.
The O.p-1 has not entered appearance to contest the case and, therefore, the case proceeds exparte against him.
The O.P nos. 2,3 and 4 have been contesting the case by filing written version ,wherein it is contended by them that the complainant purchased the fridge with warranty cover. The warranty covers 12 months for refrigerator and 120 months for compressor thereof. Warranty means either repairment or replacement of parts only. The Gasket of the refrigerator got damaged due to gathering of dust and, therefore, water percolated from the fridge. Various Engineers of the company went to the house of the complainant from time to time on the complaint of the complainant and every time they found out that the Gasket attached to the door of the fridge got damaged , for which, water percolated from the fridge. Thus, Service Engineers repaired the fridge ,having supplied the gasket and evaporator free of cost. Gasket is a detachable portion and the damage of the gasket has been caused for want of cleaning by the complainant. It is not a manufacturing defect and, therefore, the fridge cannot be entirely replaced.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs, if any, as prayed for?
EVIDENCE OF THE PARTIES
Petition of complaint is treated as evidence of the complainant vide his petition dated 14.6.2019. Similarly, written version is also treated as evidence of the contesting O.Ps vide their petition dated 25.6.2019. BNA filed by O.P nos. 3 and 4 is kept in the record after consideration.
DECISION WITH REASONS
Point no.1 & 2 :
Sale of the fridge to the complainant with warranty coverage is not at all disputed by the O.Ps. The grievance of the complainant is that she purchased the fridge for a consideration of Rs.1,05,000/- from the O.P-1. But the fridge has developed a snag; water started percolating from it since 8 months after its purchase. It is also undisputed fact that the service engineers of the company have attended the fridge so many times to solve the problem thereof. But, the fact remains that the said problem of percolation of water still persists and none of the service engineers has been able to plug it. These are the facts transpiring on record and taking all these facts into consideration, we do feel that there is a problem within the fridge which is not repairable by the service engineers of the O.P company.
It has been contended on behalf of the O.P company that there is no expert opinion to the effect that fridge contains a manufacturing defect and unless such evidence is brought on record, the order of replacement of fridge cannot be passed. It is not correct to say that there is no expert report regarding the defect of the fridge. That there is an irreparable defect in the fridge stands proved by the version of the contesting O.Ps. It is the version of the contesting O.Ps that their Service Engineers attended the defective fridge many a time. It is the version of the complainant that water is still percolating from the fridge. On the other hand, the version of the O.P company is that the gasket of the fridge gets damaged from time to time for want of cleaning by the complainant and, therefore, water percolates from the fridge. Fridge has now been an essential commodity in every household. We do never see that gasket of the fridge gets damaged at an interval of 15 days or 30 days. The gasket is nothing but an adhesive rubber type substance which is attached to the margin of the door of the fridge to prevent ingress and egress of air to inside or from outside the fridge.
In our view, the Service Engineer of the O.P company have not been able to detect the root of the defect of the fridge and, therefore, they have not been able to cure the disease of the fridge. Complainant has paid Rs.1,05,000/- to the O.P company for the fridge. She will not expect a defective fridge at the cost of such a fabulous sum of money. Inability of the Service Engineer of O.P company to repair the fridge proves by itself that the defect of the fridge is a manufacturing defect and, therefore, the fridge requires to be replaced by a new one of the same brand and same quality.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against O.P-1 and decreed on contest against the O.P nos. 2 to 4 with a cost of Rs.10,000/-.
All the O.Ps are directed to replace the old fridge of the complainant by a new one of similar brand and quality ,which will be free from all defects and will have fresh warranty coverage within a month of this order, failing which, the O.Ps are directed to refund Rs.1,05,000/- i.e the consideration price to the complainant with interest @9% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member Member
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is decreed exparte against O.P-1 and decreed on contest against the O.P nos. 2 to 4 with a cost of Rs.10,000/-.
All the O.Ps are directed to replace the old fridge of the complainant by a new one of similar brand and quality ,which will be free from all defects and will have fresh warranty coverage within a month of this order, failing which, the O.Ps are directed to refund Rs.1,05,000/- i.e the consideration price to the complainant with interest @9% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
Member President
