PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 243/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Shyam Sundar Thakur, Aged about 53 years,

S/O- Lalsae Thakur, At/ PO-Green Park Residency, Block No.D1-A,

Flat No.102, Infront of Mahila Thana, Sambalpur, Ps-Town

Dist-Sambalpur-768001,  Odisha.                         ……………..Complainant

Vrs

1. Whirlpool of India Limited,

Head Quarter- Plot No. 40, Sector-44, Gurgram,

Gurugaon, Haryana-122002.

2. Proprietor, Mahanadi Refrigeration,

Near Ashapali School, Opp. Women s Police Station,

Counsels:-

1. For the Complainant         :- Sri. P.K. Kar & Associates
2. For the O.P.No.1                :- Sri. A.K. Kedia, Adv.
3. For the O.P. No.2               :- Ex-parte

Date of Filing:06.08.2024,  Date of Hearing :04.11.2024  Date of Judgement : 02.12.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant had purchased one Fully Automatic Washing Machine from the OP No. 1 on dtd. 04.02.2018 for an amount of Rs. 22,580/- include 2 years Extended warranty. For the above product , the Complainant has also taken ‘Home Care Promise Plan’ from the OP No.1 after paying the consideration amount of Rs. 5,500/- which was valid from 11.07.2022 to 10.07.2024. Within the validity period of said plan on dt. 18.06.2024 the Complainant encountered some problem in the washing machine for which he registered a complaint with OP No. 1 and in response to that a technician visited the house of the Complainant on 19.06.2024 and after inspection, told that a machinery part needs replacement. Since then, the Complainant has approached time and again for replacement of that part but no visible action is taken by the OPs. Hence, this case.
2. The Version of the OP No. 1 is that after the complain of the Complainant the technicians of the OP No. 2 which is also an authorized centre of the OP No. 1  , visited the premises of the Complainant and removed the defect in his washing machine. Since the warranty of the washing machine has expired, the technician collected Rs. 472/- as service charge including GST from the Complainant. Again on 17.09.2022, after the complain of the Complainant, the technicians of the OP No. 2 visited of the Complainant and replaced some parts with that of the new parts free of cost. On 18.06.2024 again complain by the Complainant, the technicians of the OP No. 2 visited the premises of the Complainant and found that some spare parts of the washing Machine are to be replaced. But these parts are immediately not available, as such these technicians required some time to replace the same. As because these parts are not available at the branch office of the P No. 1, it intimated the Head Office to send the parts. Subsequently when the technicians visited the premises of the Complainant with the parts, the Complainant did not allow them to replace the same on the reasoning that he will see them in the Court. Finding no other alternative, the technicians left the premises of the Complainant without doing any replacement. Thus there are no latches on the part of the OP No. 1.
3. After perusal of the case record, it is found that the product of the Complainant had a valid extended warranty at the time when problem arose. But, the defect of the Washing Machine of the Complainant was not rectified and solved by the O.Ps. As manufacturer, deficiency in service found against the OP No. 1. Accordingly it is ordered.

                                       ORDER

The OP No. 1 is directed to replace the defective parts with free of cost, Rs. 25,000/- towards deficiency of service and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the Complainant.

Order pronounced in the open Court today on 2^nd day of Dec, 2024.

Free copies of this order to the parties are supplied.