PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 91/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Anshuman Mishra,

At-BasantaNivas, Near Hanuman Mandir,

A.N.Guha Lane, Sambalpur-768001,Odisha, India           ………………......Complainant.

Vrs.

1. Eureka Forbes Limited

At-B1/B2, 701, 7^th Floor MarathaonInnova, Off. GanpatraoKadam Marg, Lower Percel(West) , Mumbai, Maharashtra-400013, India.

2. M/S Ganapati Services,

CharbhatiChowk,

Sambalpur-768001, Odisha, India               ..…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1                           :- Adv. A.Sharma & Associates

Date of Filing:11.03.2024,  Date of Hearing :16.07.2024  Date of Judgement : 27.08.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant had purchased a Vaccum Cleaner from Amazon.in.invoice dtd. 20.04.2023, with a promised warranty period of one year. On 10.02.2024, the Complainant noticed that the product was not functioning. So, the Complainant made a complaint regarding the problem to the company on dtd. 12.02.2024 and thereafter the Complainant received a SMS to his mobile with a request no. CM-120224-25233796. After a week a technician named Arun came to his home and checked his product and went away. The Complainant had been contacting the customer care of the company but they used to give false information regarding the status of the service of the product. The Complainant also used to contact the technician Arun who had visited earlier and with the personnel’s of M/s Ganapati services the 2^nd OP to know the status of his complaint. On dtd. 02.03.2024, the personals of Ganapati Services came to his home and picked his product with them. But the company Eureka Forbes Limited nor the authorized service provider of the company namely Ganapati Services could able to provide any satisfactory resolution on the problem, and its been near about a month, the service has been delayed.
2. The Version of the OP No. 1  is that WO-040523-28565578 was created as Free Service Request, it was duly attended and closed on 08.05.2023, since the customer had purchased the product from E-commerce website Amazon and the OP No. 1 provided a demo to the consumer although it is not mandatory on OP No. 1. WO-101123-40117844 was created on 10.11.2023 as a mandatory service and was closed on 27.12.2023. The OP No. 1 does not provide mandatory service for vaccum cleaners. WO-291123-41082093 was created on 29.11.2023 and it was closed on 01.12.2023, since the consumer had raised a service request to clean the dust bag in the vacuum cleaner, the cleaning of the dust bag lies within the scope of the consumer although a demo was provided at the time of purchase of the product. The cleaning of the dust bag in the vacuum cleaner can be done by the consumer. The WO-150324-45641808 was created by the Complainant on 12.02.2024 and it was attended by the service technician of OP No. 1 and the unit had been rectified and replaced the power switch and closed it. The Complainant has filed the present consumer complaint out of vindictiveness and as a means to extort money from the OP No. 1, hence the case may be dismissed.
3. From the records and evidences, it is observed that the OP could not rectify the defect of the product of the Complainant and the company Eureka Forbes Limited nor the authorized service provider of the company namely Ganapati Services could able to provide any satisfactory resolution on the problem, and its been near about a month, the service has been delayed for which the Complainant suffered a lot. Hence deficiency in service found against the OPs. Accordingly it is ordered.

ORDER

The O.Ps are directed to  pay Rs.20, 000/- each separately towards compensation for harassment, mental agony and deficiency in service and delay in providing service to the Complainant within 30 days from the date of receipt of the order, failing which the amount will further carry with 9% interest per annum till realization to the complainant. Further the O.Ps are directed to remove the defects in product within one month of this order with proper acknowledgement.

Order pronounced in the open Court today on 27^th day of Aug, 2024.

Free copies of this order to the parties are supplied.