DATE OF FILING : 10/11/2014
DATE OF S/R : 21/05/2015
DATE OF FINAL ORDER : 19/02/2016
Abhishek Patra,
son of Durgaprasda Patra,
residing at 66/1, Panchanantala Road, P.S. Howrah,
District Howrah,
PIN 711101…………….………………………………….. COMPLAINANT.
1. Customer Relation Manager,
M/s Whirlpool India Ltd.,
of plot no. A 4, M.I.D.C. Ranjangaon, Taluka Shirur,
District Pune, Maharashtra 419204,
India.
2. Manager,
Multi Channel Electronics
of 16, Panchanantala Road, Howrah Maidan,
P.S. & District Howrah,
PIN 711106.
3. Manager,
Home Care Centre,
Brojonath Lahiri Lane, Betor More, P.S. Chatterjee Hut,
District Howrah..……………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Mr. Abhishek Patra, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the O.Ps. to replace the defective Whirlpool 242L Refrigerator being modal no. IC255, Serial no. 5480, with a new one with the self same model and / or to refund the purchase price of Rs. 22,000/- including interest @ 12% p.a. till realization, to pay Rs. 15,000/- as compensation and Rs. 5,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant bought a refrigerator on payment of Rs.22,000/- vide Annexure ‘A’ Invoice memo no. 1105/14-15 from the O.P. no. 2. After few months from the date of installation i.e., 08.06.2014, the refrigerator was not working properly and the matter was informed to the o.p. no. 2 for several times over phone. But o.p. no. 2 did not take any step to repair the machine. Thereafter the complainant contacted on 09.7.2014 o.p. no. 3, the authorized service center of Whirpool of India Ltd. being o.p. no. 1. The men of o.p. nos. 1 & 3 visited to repair the machine on 11.07.2014, 14.07.2014, 19.07.2014 & 02.08.2014 and remarked that water leakage problem is there. Again on 12.08.2014 the same problem was cropped up and the matter was communicated to the o.p. no. 3 and the o.p. no. 3 along with technician of o.p. no. 1 tried to repair the machine on 12.08.2014 and 14.08.2014 but all their attempts were went in vain. On 22.08.2014 o.p. no. 3 took back the refrigerator for thorough check up and returned back on 29.08.2014 but the problem did persist. Subsequently complainant lodged two complaints before the o.p. no. 3 on 05.09.2014 and 17.09.2014 on the same issue. After receiving complaints o.p. no. 3 deputed their man for repairing the machine and after inspection, the technician stated that he is unable to solve the problem. The refrigerator has been lying out of order since then due to lack of proper service on the part of o.ps. Being frustrated and finding no other alternative, complainant filed this instant complaint with the aforesaid prayers. Hence the complaint.
- Notices were served upon all the O.Ps. O.P. no. 1 appeared and filed W/V. O.P. nos. 2 & 3 appeared but not filed written versions. Accordingly the case was heard on contest against O.P. no. 1 and ex parte against o.p. nos. 2 & 3.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. We have carefully gone through the W/V and annexure filed by O.P. no. 1 and noted its contents. It is the admitted fact that the refrigerator in question bears water leakage problem since few days after installation and several attempts were made by the technicians of the o.ps. to solve the problem within the warranty period but all their attempts went in vain. So on the part of the o.p. no. 3, we don’t find any deficiency on their part. Immediately after installation of the refrigerator, if a problem starts and it could not be solved or repaired by the authorized centre, it can be very well understood that the refrigerator has a manufacturing defect. And it is also to be kept in mind that the problem cropped within one month from the date of installation. O.p. no. 1 has made a simple denial in its W/V. It is our common experience that if the problem arises within the warranty period, the defective spare parts are replaced by the manufacturer, herein o.p. no. 1. But here the problem is water leaking which is definitely a manufacturing defect and o.p. n. 1 ought to have been careful towards their post sale service. We all know that the refrigerator is a very useful gadget. But the refrigerator went on giving trouble during the warranty period. And we all know that if there is a water leakage problem in refrigerator, all the food particles kept inside become rotten which causes not only financial but also mental and physical harassment to the consumers, herein the complainant. Complainant paid such an amount of Rs.22,000/- but he could not get the complete service of it even for one year. Further even after receiving notice from this Forum, o.p. no. 2 did not care to appear before this Forum so this complaint petition remains unchallenged and uncontroverted against o.p. no. 2. O.P. 2 took entire purchase price of the refrigerator from the complainant. So O.P. no. 2 cannot Shrug of its duty toward the complainant. And the suffering of the complainant should not be allowed to be perpetuated any more. Accordingly we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 575 of 2014 ( HDF 575 of 2014 ) be allowed on contest against o.p. no. 1 with costs and ex parte against o.p. no. 2 with costs and dismissed against the O.P. no. 3 without costs.
That the O.p. nos. 1 & 2 are jointly and severally directed to refund the purchase price being Rs. 22,000/- to the complainant within one month from this date.
That they are further directed to pay Rs.3,000/- as compensation and Rs.2,000/- as litigation costs within one month from this date i.e. entire amount of Rs.27,000/- shall carry an interest @ 8% p.a. till actual payment. The complainant is also directed to return the defective refrigerator in question at the time of receiving the awarded amount.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah
