This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he purchased a food processor Bajaj Platini PX 80F on 15-08-2012 from Big Bazar, Sealdah Branch, 1, Beleghata Main Road, Kolkata. But the food processor was not working properly. So, the complainant lodged a complaint being complaint No.6643040 dated 26-10-2012 to Bajaj Electricals (OP1). After one month of the lodging of compliant, one mechanic, Mr. Prosenjit by name, came for Servicing, but he was not at all a skilled mechanic. As a result, he was unable to solve the problem. He opened the machine, but was unable to assemble the parts of the machine. On that day, he could not solve the problem, but told that some parts of the food processor needed to be changed and assured the complainant that he would be coming within two days to solve the problem. But the most surprising factor is that the mechanic did not turn up to the residence of the complaint for repairing the machine. The complainant got bewildered, he rang to the customer care office regularly, so that they would pay heed to his words, can understand the gravity of his problem and repair the machine as soon as possible. But no step was taken by the OPs. They only assured the complainant over phone that the complainant’s problem would be solved within two or three days or it might take almost one week time. Days passed, the complainant leaving his busy schedule had to stay at home to attend the mechanic, but the OPs did not send anybody to repair the machine. Being a businessman, the complainant had to stay outside home for long period of time. But the complainant stayed at home, wasting his valuable time his business is hampered. Still he waited for the mechanic to come, but the OPs did not send anybody to the complainant’s house. Thus he is repeatedly harassed and insulted by the company. The Food processor was not working, the complainant could not use the same. The machine was very essential in his daily life. The complainant also made complaint through e-mail, against Bajaj Electricals, but did not get any response.
The complainant prayed for the refund of the product value of Rs.4,899/- of the food processing machine. He also prayed for a compensation of Rs.30,000/- for the prolonged harassment and inexplicable mental agony and a litigation cost of Rs.5,000/-.
In this case, notices were served upon the OPs. In spite of receiving the notices the OPs did not enter appearance on 13-10-2014. The OPs did not turn up for a single day. No step is taken by them. No. W/V is filed by the OPs, they did not file any E/Chief. Even after receiving the notice, they did not turn up. So, the case is fixed for ex parte argument hearing on 23-12-2014 and accordingly we proceed for reasonable decision.
Decision with Reasons
On careful study of the complaint and also considering the materials on record and overall argument as advanced by the complainant it is clear that the complainant purchased one Food processor Bajaj Platini PX 80F from BIG BAZAR, Sealdah Branch. But from the very beginning, the food processor did not work properly as alleged by the complainant, but it is true that OP sent mechanic for regularlizing the machine. The complainant lodged complaint on 26th October, 2012. The mechanic was sent by Bajaj Electricals on the very next day i.e. on 27-10-2012. But it is a matter of great regret that the OP’s mechanic failed to regularize the said unit so that the machine can work properly. Fact remains that the machine was purchased on15-08-2012 and the mechanic had to be called on 27-10-2012 just after two months and 11 days, when the machine stopped working. As a product of a reputed co. Bajaj Electrical it is not expected that a product of a big company shall face such problems from its initial stage.
Fact remains OP received notice of this case but ultimately did not contest the case though they got such chance to defend the allegation as made by the complainant not only that prior to filing of the case by the complainant this complainant filed a complaint before the CA&FBP, Kolkata Eastern Suburban Regional Office regarding alleged defective food processor and CA&FBP sent notice for mediation with a request to attend the hearing on 24-06-2013 for amicable settlement of dispute but no step was taken by the OP and no representation in favour fo the Bajaj Electricals and Bigbazaar, Sealdah Branch turn up at the hearing and thereafter again CA&FBP sent further notice upon the complainant and to the OP for mediation on 23-07-2013 and also for amicable settlement of the dispute but OP did not attend the hearing and in that situation CA&FBP directed the complainant to file complaint for redressal.
Considering the above conduct of the OPs to defy the request of the CA&FBP and also not to attend the mediation meeting as given this Forum a chance to conclude that they have their no say against such allegation for which they did not turn up and did not place their any sort of say about the allegation of the complainant.
Similarly, such position of the OP in the present Forum also then it is clear that OPs have their no defence to defy the allegation of the complainant for which they did not turn up before this Forum even after receipt of the notice which was duly served upon them by registered post with A/D by speed post and considering that fact we are convinced to hold that there is no other alternative on the part of this Forum but to rely upon the unchallenged testimony of the complainant and also regarding his grievance that the food processor is a defective one.
Another factor is that there was no ground on the part of the complainant to appear before this Forum and prior to that before the CA&FBP for getting redressal and on the ground that the said machine had not been working and said machine stopped its working and no doubt the grievance has not been defended by the OPs and for which relying upon the evidence of the complainant including the complaint and also his purchase receipt we are convinced to hold that the complainant suffers much for non-working of the machine what he purchased just on 15-08-2012 but it stops working on and from 27-10-2012 that is within the period of 2 months and 11 days.
When complainant after purchasing the same on payment of a good amount of Rs.5,617/- has not got the proper service and when it has warranty in that case it was the duty of the OP to respond against the call of the complainant who reported to the OPs again and again about non-functioning of the said machine. But OP did not respond and did not render proper service and in view of the fact it is surely a case of deficiency of service because the OPs are reluctant to discharge their duties. They did not turn up to the complainant’s house, but gave false hopes that they would come for repair. In spite of giving assurances for several times, they did not go to attend the complainant.
It is the duty of the Bajaj Electricals to pay heed to the complainant’s problem, but the complainant did not get any service. They only gave reply to his call where they assisted that they must visit to his house to see and repair the machine, but they did not keep their words. Being a purchaser and after disbursing full amount, the complainant will expect service for the problem occurred in his machine. But the OPs failed to take any positive step for repairing the machine. The OPs have no right to deceive the customer in such a fashion. So, the OPs must be penalized for their deceitful manner of service.
Though the complainant tried for several times to contact the OPs, but they gave false hopes of visiting his house. The consumer lodged a complaint to the office of Consumer Affairs and Fair Business Practices on 25-04-2013. But same thing is repeated again, Sealdah Big Bazar Branch and Bajaj Electrical failed to turn up for amicable settlement on two consecutive days, i.e. on 24-06-2013 and 23-07-2013. In the opinion of CA & FBP, they are reluctant to extend cooperation regarding amicable settlement of the dispute. So, it is clear that they are not ready to repair the machine, thus the complainant’s problem is not redressed. The complainant’s investment for the purchase of machine has gone in vain. As the machine is not working properly, the complainant cannot use it. He purchased the machine for saving his time, but the machine has not been serving the purpose. The complainant made futile attempts to contact the OPs, but the OPs are negligent enough to render their service. Not only over phone, the complainant also sent email to the Ops, but the OPs did neither give any answer to his mail nor did they go to the complainant’s house for the repair of the machine reputed co. like Bajaj Electricals grab money by selling such defective goods and is reluctant to send mechanic for removing the defects, causing mental pain and agony of the complainant. The complainant waits at home for the mechanic to come, but they did not thus complainant is harassed by the OP company but the OPs did not inform the complainant, the cause of their inability to repair the machine, they did not even regret for their activities. But the OPs cannot skip the responsibility. It is their duty to solve the problem. The OPs ought to pay back the full amount if the machine is irreparable or they ought to have given a new machine. The OPs ought to have been careful while selling the food processor. Before selling, they should have checked the food processor properly. If replacement of the machine is not possible, then OPs must refund the amount of the machine, for their unfair and deceptive manner of trade practice is proved.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against both the OPs with a cost of Rs.5,000/- .
OPs are jointly and severally directed to pay back the full amount of the food processor, i.e. Rs.4,899/- to the complainant.
The OPs are also further directed to pay compensation amounting to Rs.5,000/- for causing harassment, mental pain and agony to the complainant.
OPs are also directed to pay Rs.5,000/- for adopting unfair trade practice which must be paid to this Forum Account.
The OPs shall have to comply the order strictly within 30 days from the date of this order failing which for each day’s delay and disobeyance of the Forum’s order OPs shall have to pay punitive damages at the rate Rs.100/- per day till full satisfaction of the decree. If OPs are found reluctant to comply the Forum’s order, in that case, penal proceeding u/s.27 of the C.P. Act, 1986 shall be initiated against the OPs and penal damages shall be paid to this Forum.
