C.C. No.371/2022
Mamata Sethy,
W/o. Binod Sethy,
Vill./P.O.- Dedhasardeuli,
P.S./Dist.- Jagatsinghpur. ………. Complainant
(Versus)
- Whirl Pool India Ltd.,
Plot No.40, Sector- 44,
Gurugram, Haryana,
India- 122002.
- Patra Electronic,
Sanabazar, Jagatsinghpur,
Near Bus Stand (Deuligrameswar),
P.O/P.S./Dist.- Jagatsinghpur.………. Opposite parties
For Complainant………..Mr. N.C. Barik, Advocate
For O.P. No.1………..Mr. H.R. Kedia & Associates
Date of Hearing: 20.6.2024 Date of Judgment: 12.7.2024 |
ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to exchange the refrigerator or refund the money with interest and pay compensation and cost”.
The brief fact of the case is that, the complainant purchased a refrigerator from the Patra Electronic, Jagatsinghpur (O.P. No.2) of Whirlpool REF-205 IMPC for sum of Rs.13,900/- on 22.02.2019 with five years warranty but after purchase within the warranty period the body of the refrigerator was completely damaged and the compressor has not function properly. The complainant immediately informed the matter to the opposite party No.2 and requested for exchanging the refrigerator but opposite party No.2 sent a mechanic to repair the refrigerator. The mechanic received Rs.2,000/- for repairing cost but the problem of refrigerator could not be solved. Complainant rushed to the business centre of the opposite party No.2 and informed the matter and request to change the refrigerator but opposite party No.2 paid a deaf ear to it.
In spite of receiving notice from this Commission opposite party No.2 did not appear and filed his written version, hence set ex-parte on 13.02.2023.
Opposite party No.1 has filed written version stating as under;
The complainant has purchased a refrigerator of Whirlpool from the opposite party No.2 on 22.02.2019 for Rs.13,900/-. There is only one year warranty on the whole body of the refrigerator. The refrigerator of the complainant worked perfectly well without any trouble for more than two years. The opposite party No.1 soon after coming to know about the problems in the refrigerator by the complainant on 13.6.2022 instructed the authorized service centre, who deputed his expert technician. The attending technician found that there is gasket problem and the body of the refrigerator is damaged. Since the warranty period of refrigerator expired on 21.02.2020, the technicians of opposite party No.1 requested the complainant to rep air the said damage on payment basis, which the complainant denied and forced to replace the gasket. The complainant repeatedly insisted to repair her refrigerator free of cost. But the warranty of one year on whole body expired, as such there is no question of repairing the same free of cost.
Counsels for both parties are regularly absent. We have gone through the records and found that complainant has purchased three refrigerators but both parties are silent on the same from which we draw presumption that the refrigerators are meant for commercial purpose as no house hold person purchase three refrigerators for domestic purpose at a time.
The refrigerator were purchased on 22.02.2019 and the defect was pointed on 13.62022 i.e. after more than 2 years and the warranty was for one year and expired on 21.02.2020. The complainant alleges to have paid Rs.2,000/- but no receipt or complaint to that effect rather opposite parties have produce the job sheet in which complainant has not signed as such it is proved that complainant has not paid and signed the job sheet.
However taking a lenient view, we direct that if the complainant request to repair his refrigerator the same may be done by opposite parties without any service charge and on payment of the cost of parts/articles used for repairing within 45 days from the date of order. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 12th July,2024.
