Orissa

Cuttak

CC/21/2019

Priyambada Behera - Complainant(s)

Versus

Godrej & Boyce Mfg Co Ltd - Opp.Party(s)

D Ray

16 Nov 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C.No.21/2019

 

                                Mrs. Priyambada Behera,

At:Netaji Nagar,

P.O/P.S:Madhupatna,Dist-Cuttack.                                         … Complainant.

 

                                                Vrs.

 

1.      The Regional Manager,

     Godrej & Boyce Mfg. Co Ltd.(Appliance Division)

     Regional Branch/Service Centre At: Highway Complex,

     National Highway No.5,Rudrapur,Pahal,

            Bhubaneswar,-75101,Dist:Khurda.

 

2.     The Proprietor,Gupta Distributors,

    Authorised Dealer of Godrej & Boyce Mfg. Co Ltd.,

    (Appliance Division),At/PO:Dolamundai,Cuttack.                  … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

                                Smt. Sarmistha Nath,Member(W).

 

Date of filing:   14.02.2019

Date of Order: 16.11.2020

 

For the complainant:                     Sri Dibyashree Ray,Adv. & Associates.       

For the Opp.Party No.1&2 :                                     None.            

 

Sri Dhruba Charan Barik,President.

The complainant has filed this case alleging therein deficiency in service and unfair trade practice against the O.Ps seeking appropriate relief against them in terms of her prayer in the complaint.

1. The case of the complainant in brief is that he had purchased a Godrej Edge Refrigerator,221 ltr. Model No.GDE23C2, having unit Sl.No.081150350 and one Godrej Washing Machine from Gupta Distributors (O.P.No.2),Dolamundai,Cuttack on 7.2.2009 vide Case Invoice No.R6076 amounting in Rs.17,500/-, Cost of Refrigerator was Rs.9,777.78 + 12.5% (VAT) and cost of washing machine was Rs.5,777.78 + 12.5% (VAT) in total Rs.17,500/- was paid and the money receipt was obtained with  warranty card from Gupta Dist5ributor.  Copy of the retail invoice and warranty card are enclosed herewith as Annexure-1 series.

That at the time of purchase, Authorized Dealer(O.P No.2) had assured and served a customer copy of warranty card on behalf of Godrej & Boyce Mfg. Co. Ltd.(Appliance Division) to the complainant wherein it was stipulated that new Godrej Refrigerator comes with a unique 10 years Rust Protection Plan.The body of refrigerator is thus protected from the problems of rust formation on any painted surface of refrigerator within the period of 10 years from the date of purchase.

It was also stipulated that the Godrej Refrigerator come with a five year warranty on compressor and one year warranty on all other parts from the date of purchase against defective material or workmanship.

In the instant case, warranty value for 10 years was from 7.2.2009 to 6.2.2019.

Despite of 10 years assured Rust Protection Plan by manufacturer, several rust formation had occurred in the door of refrigerator for which complainant had approached the dealer (Gupta Distributors) and Regional Sales Office(O.P No.1) at Pahal but no steps were taken for which the complaint was lodged on 31.3.2009 vide complaint no.707556and 714768 through online to customer care of the manufacturer.But no response from O.Pshad been received nor had they replaced/repaired the rusted door of the refrigerator.

After lodging repeated complains, complainant had also requested Regional Branch Office on Phone No.9438000600 of Mr. Jena on 31.5.2018 to do the needful but he showed his inability to repair or change the rusted door of the refrigerator.

Lastly on 11.6.2018 complainant had lodged complaint no.W1106511268 through online to customer care of manufacturer by using Customer Care Telephone No.18002095511 but till date no reply nor any steps for repair or change of rusted door of refrigerator was undertaken by O.Ps.

Being harassed by the actions of O.Ps the complainant sent a lawyer’s notice on 7.7.18 through an advocate to O.Ps seeking redressal of her grievance by speed post which was acknowledged by the O.Ps.Copy of lawyer’s notice along with postal receipts are enclosed as Aannexure-2 series.

On 6.8.18 the complainant received a letter No.GD/18-19/006 dt.3.8.18 from Godrej Appliances being signed by one Sri Biswajeet Raj wherein he had stated “As we are unable to arrange M/C from category owing to absolute model, we propose you an up gradation of your Appliance with a new star rated range of appliance with an offer of 35% depreciation value on the billing amount which is not a condition of the warranty of the refrigerator. Copy of letter No.GD/1819/006 dt.3.8.18 of O.P No.1 is enclosed herewith an Annexure-3.

Due to death of the father-in-law of complainant on 21.8.2018, she could not be able to give any reply to the O.P. No.1 but husband of the complainant over phone had contacted the Regional Office of O.P No.1 and expressed his displeasure about exchange of fridge with 35% depreciation value on the billing amount because complainant had purchased a new L.G Refrigerator for their use.So he requested for replace/repair of the rusted appliance or refund of the amount.

Without getting any reply from O.Ps, the complainant again wrote a letter to O.P No.1 with a request to replace/repair the Refrigerator but till date no reply has been received nor any steps taken for redressal of the grievance of the complainant as a result complainant has filed the present complaint case without finding any alternative and speedy remedy.Copy of the letter dt.1.2.2019 along with postal receipts are enclosed herewith as Annexure-4 series.

Therefore the complainant has prayed before the Hon’ble Forum to be graciously pleased to admit the complaint petition and issue notice to O.Ps calling upon them to show cause as to why the prayer of complainant shall not be allowed on the ground of deficiency in service and unfair trade practice on the part of O.Ps.

It is therefore prayed that the O.Ps may be directed to replace the rusted fridge by a new one and  to pay compensation Rs.30,000/- on account of causing harassment and mental agony to the O.Ps who are jointly and severally liable for the same.  The O.Ps may also be be directed to pay cost of litigation of Rs.5000/- in the interest of justice.

2. The O.Ps have been set exparate.
3. We have heard the learned counsel for the complainant, gone through the complaint petition and the enclosures attached to it.

In absence of anything to the contrary, the averments in the consumer complaint substantiated by the annexures conclusively prove that there was deficiency of service and unfair trade practice on the part of the O.Ps.Hence ordered;

                                                                                ORDER

The case be and the same is allowed exparte against O.Ps 1 & 2.They are directed to replace rusted refrigerator of the complainant by a new one and to pay compensation of Rs.20,000/- for harassment and mental agony caused to him together with Rs.5000/- towards cost of litigation.

This order shall take effect within 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 16^th   day of November,2020  under the seal and signature of this Forum.

                                                                                                                (Sri D.C.Barik)

                                                                                                                                                     President.

 

 ( Smt. Sarmistha Nath )

                           Member (W)