DATE OF FILING : 24.11.2014.
DATE OF S/R : 02.01.2015.
DATE OF FINAL ORDER : 21.08.2015.
Safina Khatoon,
wife of late Sarfat Hussain,
residing at village Bainan More, P.O. Kalyanpur,
District Howrah………………………………………………….. COMPLAINANT.
- Versus -
1. Great Eastern Appliances Pvt. Ltd.,
situated at Sundarpara Road, Jagacha, Santragachi,
Howrah 711104.
2. M/S. K. P. Cool Point,
an authorized service centre of Godrej,
situated at 27, Uttam Ghosal Lane, Salkia,
Howrah 711106.
3. The Branch Manager,
Godrej & Boyce Mfg. Co. Ltd.,
situated at Block GN, Sector V, Salt Lake,
Kolkata 700091. …………………………………………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, Safina Khatoon, 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 refund the purchase price of Rs. 22,800/- along with Rs. 50,000/- as compensation and Rs. 10,000/- as litigation costs together with other reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant purchased one refrigerator on payment of Rs. 22,800/- on 12-07-2014 vide Tax Invoice Memo no. SG/SA/1415/02923 from O.P. no. 1 vide Annexure. After installation, complainant noticed that warranty for 10 years was provided with the delivery of the said refrigerator. But only after five days i.e., 17.7.2014, complainant found a cooling problem due to defective compressor of the refrigerator which was immediately informed to the o.p. nos. 1 & 2 vide Annexures. The personnel of o.p. nos. 1 & 2 visited complainant’s resident and did some servicing job . But again on 26.7.2014, complainant noticed some more problem which was also informed to o.ps. and the technician came on 20.08.2014 as the same cooling problem recurred. Thereafter complainant found some more problem with the refrigerator on and from 09.10.2014 which was also informed to the o.ps. and the main problem of the refrigerator was with respect to its cooling capacity. Being frustrated and finding no other alternatives the complainant has filed this instant petition with the aforesaid prayers.
- Notice was served upon o.ps.. The o.p. nos. 1 & 3 appeared and filed written version but o.p. no. 2 neither appeared nor filed any written version. Accordingly, case heard on contest against o.p. nos. 1 & 3 and ex parte against o.p. no. 2.
- Upon pleadings of 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 :
- Both the points are taken up together for consideration. We have carefully gone through the written versions filed by o.p. nos. 1 & 3 and noted their contents. Both the o.ps. have denied and disputed the allegations of the complainant made out in his complaint petition. But from the Annexures filed by the complainant it is clear that complainant purchased the machine from o.p. no. 1 which is manufactured by o.p. no. 3 and o.p. no. 2 is the service centre of both o.p. nos. 1 & 3. We have seen all the xerox copy of service job cards since 17.7.2014 and the machine was purchased only on 12.7.2014. So it is very much clear that even after payment of full consideration amount of Rs. 22,800/- to o.p. no. 1, complainant could not utilize the same even for one week in a problem free condition. We all know that refrigerator is a very essential household gadgets in modern day to day life. Complainant, even after making the full payment, has not received any material service out of that machine. The defect was informed to o.ps. Although technician of o.ps. visited complainant’s resident to remove the defect, they were unable to set it right for which complainant had to suffer since the purchase of the said machine. O.p. nos. 1 & 3 should have remembered that the well being of their business totally depends on the customer satisfaction. Customers should not have put to this kind of continuous trouble which definitely causes mental, physical as well as financial loss to them which is nothing but severe deficiency on the part of the o.ps. O.ps. should have taken positive steps to redress the complaint of the complainant. But they have miserable failed to provide effective post sale service. So we are of the candid opinion that it is a fit case where the prayer of the complainant shall be allowed. Points under consideration is accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 600 of 2014 ( HDF 600 of 2014 ) be allowed on contest with costs against the O.P. nos. 1 & 3 and dismissed ex parte against O.P. no. 2.
That the O.P. nos. 1 & 3 are directed to refund Rs. 22,800/- to the complainant within one month from the date of this order and the complainant be directed to return the refrigerator to o.p. nos. 1 & 3 on proper receipt.
That O.P. nos. 1 & 3 be further directed to pay Rs. 3,000/- as compensation and Rs. 2,000/- as litigations costs to the complainant within one month from this order i.d., the entire awarded amount of Rs. 27,800/- shall carry an interest @ 9% per annum till full realization.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
