Date of filing:- 20/02/2023.
Date of Order:-29/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 21 of 2023.
Sri Prakash Chandra Mahapatra, aged about 57(fifty seven) years, son of Sri Tribrikram Mahapatra, Occupation-Service, Resident of Baramhchari, Ward No.16(sixteen), Bargarh, Po. Bargarh, Ps. Bargarh(Town), Dist. Bargarh, Pin-768028 (Odisha) ..... .... ..... Complainant.
-: V e r s u s :-
- Whirlpool of India Limited, represented through its Managing Director, Plot No. 40, Sector-44, Gurgaon-122002, India.
- The Proprietor, Ritesh Enterprises, At-Bhatli Chhak, Old N.H.6, Po. Bargarh, Ps. Bargarh(Town), District- Bargarh, Pin-768028 (Odisha).
- The Proprietor, Tripathy Refrigeration, In Front of Super market, Old N.H.6, Po. Bargarh, Ps. Bargarh (Town), District- Bargarh, Pin-768028 (Odisha).
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri T.C.Tripathy, Advocate with associates.
For the Opposite Party No.1(one):- Sri A.K.Kedia, Advocate.
For the Opposite Party No.2(two):- Sri U.K.Mahapatra, Advocate with associates.
For the Opposite Party No.3(three):- Sri M.B.Tripathy, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.29/04/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant has purchase one whirlpool Refrigerator Protton 263 Droy Alfa Steel 20807 Model Refrigerator vide Sl No. INA182915120 from Opposite Party No.2(two) vide Tax Invoice No. 067 Dt. 12-04-2019, the Opposite Party No.1(one) is the manufacturer of the aforesaid product and Opposite Party No.3(three) is the service provider of Opposite Party No.1(one). At the time of purchase, the Opposite Party No.2(two) disclosed that the Opposite Party No.1(one) has provided one year comprehensive warranty on the Refrigerator besides 9(nine) years of warranty for its compressor. The Opposite Party No.2(two) persuaded the Complainant to provide after sale service of Refrigerator on paid basis after the expiry of the comprehensive warranty. Within one year of comprehensive warranty period in the month of April-2019, there was maximum frosting from the refrigerator. The Complainant approached the Opposite Party No.2(two) for the same and the Opposite Party No.2(two) said it will be automatically rectified after sometime. The same problem continued, the Complainant again approached the Opposite Party No.2(two) for the same but the Opposite Party but no step has been taken to resolve the defect. On Dt.25-12-2021, the Opposite Party No.2(two) deputed the personnel of Opposite Party No.3(three) for repairing of the Refrigerator and the technician of Opposite Party No.3(three) on Dt.27-12-2021 replaced two number of spares of the Refrigerator and charged Rs. 875/-(Rupees eight hundred seventy five)only towards cost of the spares and service charges. After 9(nine) days the refrigerator became totally defunct. The Opposite Party No.2(two) advised to lodge complaint and the Complainant lodge complaint in toll free No. 1800-208-1800, but no one attended to repair the refrigerator. On the next day the Opposite Party No.1(one) provided one login ID a “BHU25122103233” and the Complainant lodged complaint in the ID on Dt. 07-01-2022, on technician attended to repair the refrigerator and replaced the connecting switch of the Refrigerator, again the same defect continued for which the Complainant contacted the Opposite Party No.2(two) who advised the Complainant to pay Rs. 1,670/-(Rupees one thousand six hundred seventy)only towards Annual Maintenances Contract (AMC) for which the Complainant deposited Rs.1,670/-(Rupees one thousand six hundred seventy)only towards AMC on Dt.11-01-2022. After 2(two) days the same problem arised and the Opposite Party No.3(three) opined that the Refrigerator could not be repaired. After receipt of the AMC amount through the Opposite Parties, the Opposite Parties failed to rectify the defect and took the plea that the cable wear damaged by the rat and the same is not covered under AMC. For the deficiency in service as well as unfair trade practice committed by the Opposite Parties the complaint is filed by the Complainant before this Commission praying that Opposite Parties be directed to pay a sum of Rs. 1,48,400/-(Rupees one lakh forty eight thousand four hundred)only along with pendent elite and future and interest and litigation cost.
2) The case of the Opposite Party No.1(one) is that the Opposite Party No.1(one) has filed its version and submitted that the Complainant has purchased one whirlpool refrigerator from Opposite Party No.2(two) on dt. 12-04-2019 on payment of Rs. 28,400/-(Rupees twenty eight thousand four hundred)only. The Opposite Party No.1(one) further submitted that Opposite Party No.2(two) is a dealer of Opposite Party No.1(one) and the dealer's responsibility is to provide assistance and guidance to the customers and Opposite Party No.3(three) is the authorized service centre of Opposite Party No.1(one). The refrigerator of the Complainant was working well till more than 32(thirty two) months from the date of purchasing i.e. up to 25-12-2021, the Complainant lodge complaint on dt.25-12-2021 and the Opposite Party No.1(one) immediately send his technicians to the premises of the Complainant on dt. 27-12-2021 and defect was rectified. Since the warranty of the said refrigerator expires on 11-04-2021, the technicians of Opposite Party No.3(three) charged amounting to Rs. 875/-(Rupees eight hundred seventy five)only from the Complainant, the Complainant after due confirmation signed the job sheet Dt. 27-12-2021. The Complainant again lodged another complaint vide service request No. BHU02022279230, for which the technicians of the Opposite Party No.3(three) visited the premises of the Complainant and found that it is a rat bite case and the said defect does not come under AMC. The Complainant on dt. 15-12-2022 lodged another complaint vide request No. BHU15022266996 and the technicians of the Opposite Party No.3(three) visited the premises of the Complainant and found that it is a rat bite case and the said defect does not come under the AMC. The Opposite Party No.1(one) took immediate initiative to help the Complainant as the cause of action arose on 27-12-2021, much after the expiry of the warranty period. There lies no deficiency in service on the part of Opposite Party No.1(one). The case to be dismissed with cost.
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) appeared but did not file any version.
4) The case of the Opposite Party No.3(three) is that the Opposite Party No.3(three) has filed its version and submitted that the Opposite Party No.3(three) is not a service provider in the time of dispute, and for the said reason the Opposite Party No.3(three) is not duty bound to provide service to the complaint. The Opposite Party No.3(three) after receipt of notice from the Complainant has requested to contact Opposite Party No.1(one) proper service provider. The Opposite Party No.3(three) further admitted on dt. 27-12-2021, the Opposite Party No.3(three) gave proper service to Complainant without any deficiency and on dt. 31-12-2021, the Opposite Party No.3(three) left as the service prover of Opposite Party No.3(three) and the after that the Opposite Party No.3(three) has never attended or knew any problem of the Complainant. Hence there lies no deficiency in service, the complaint petition to be dismissed against Opposite Party No.3(three).
5) Perused the documents filed by the Parties and following issues are framed.
Issues
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
6) It is admitted fact that the Complainant has bought one Whirlpool Refrigerator Protton 263 Droy Alpha Steel 20807 from Opposite Party No.2(two) on Dt. 12-04-2019 and the Complainant had paid Rs. 28,400/-(Rupees twenty eight thousand four hundred)only towards the aforesaid refrigerator. The Opposite Party No.1(one) is the manufacturer of the above refrigerator. The refrigerator was having cooling problem for which Complainant on dt. 25-12-2021 complained to Opposite Party No.2(two) and the Opposite Party No.3(three) on dt. 27-12-2021 deputed the personnel of Opposite Party No.3(three) and for the replacement charges paid Rs. 875/-(Rupees eight hundred seventy five)only to the technician of Opposite Party No.3(three).
7) On Dt.11/01/2022 the Complainant has availed Annual Maintenance Contract with the Opposite Party No.1(one) for a period of 12(twelve) months and has paid Rs. 1,650/-(Rupees one thousand six hundred fifty)only towards the AMC. Under the validity of AMC, the Complainant lodged complaint on dt. 15-02-2022 vide service Request No. BHU15022266996 and the Opposite Party No.1(one) denied to rectify the issue taking the plea that it is a rat bite case and the AMC does not cover rat bite.
8) It is the duty of Opposite Party No.1(one) to clarify the terms and conditions but the Opposite Party No.1(one) has not provided any terms and condition of AMC. Besides this it is a fact that an AMC is availed for an old product not a new product. The Opposite Party No.1(one) can not take plea that the aforesaid defect on Dt.15-02-2022 was a case of rat bite as there is no supportive documents in respect of the rat bite, any techinician report is not filed by the Opposite Party No.1(one).
9) The Opposite Party No.3(three) has filed a letter issued on Dt. 29-12-2021 regarding the resignation of service from Opposite Party No.1(one) when the Complainant has complaint about the defect. it is the duty of Opposite Party No.1(one) to rectify the defect when the product is under the validity period of Annual Maintenance Contract. For the negligence of Opposite Party No.1(one) the Opposite Party No.2(two) and Opposite Party No.3(three) can not be liable.
The issue is answered accordingly.
Issue No.2(two)
10) The Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
11) The Complaint is allowed on contest against Opposite Party No.1(one) and dismissed against Opposite Party No.2(two) and No.3(three). The Opposite Party No.1(one) is directed to repair the Refrigerator of Complainant model “Whirlpool Refrigerator Protton 263 Droy Alfa Steel 20807” free of cost and to pay Rs. 30,000/-(Rupees thirty thousand)only towards deficiency in service and Rs. 10,000/-(Rupees ten thousand)only towards litigation cost. All the above order to be complied within 30 (thirty) days, failing which, the entire order shall carry 12%(twelve percent) interest per annum till realization.
12) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.29/04/2024 and the case is allowed against the Opposite Party No.1(and) and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
