Date of Filing: 12.04.2021                                                       Date of Disposal: 16.04.2024

Complainant:   Shyam Gurung S/o- Lt. Manbahadur Gurung, resident of Poniata Workshop, Jamuria Hat, Jamuria, Dist. Paschim Bardhaman, Pin 713336.

-VERSUS -

Opposite Party            : 1. Haier Appliances (India) Pvt. Ltd. Represented by its Director, having its office at Building No.1, Okhla Industrial, Estate Phase –III, New Delhi-110020 and one other.

                        2.  Sachin Service represented by its Manager, having its office at Hill Park (East), S.B. Gorai Road, opposite of Arambag Chicken, Asansol, Dist.-Paschim Bardhaman, Pin-713301.

Present                       : Mrs. Lipika Ghosh - Hon’ble        President-in-Charge.

: Mr.  Atanu Kr. Dutta.                    - Hon’ble Member.

Appeared for the Complainant:     Suvro Chakraborty                       Ld. Advocate

Appeared for the Opposite Party:   Ex Parte.

F I N A L   O R D E R (Ex-Parte)

Today is fixed for passing order ex parte.

Complainant is present through the Ld. Advocate.

On 12.04.2021, the complainant Shri Shyam Gurung has filed an application u/S. 35 of the C.P. Act, 2019 against the O.Ps.

The case of the complainant, in brief, is that complainant for his personal use purchased a Group Double Door Refrigerator bearing Model No.HRF2783CRG-E and Serial No.110402, of 258 Ltr. so manufactured by the O.P. No.1 from one shops namely Mass Marketing on 18.04.2018. The total consideration amount of that machine was Rs.22, 600/- including all taxes and GSTs and the complainant paid the whole consideration amount on the date of purchase. The complainant begs to submit that for the above mentioned refrigerator manufacturer’s warranty was given which was valid for one year, i.e., from 18.04.2018 to 17.04.2019. The complainant availed the service of AMC for next two years by paying Rs.2265/- which is valid from 18.04.2019 to 17.04.2021. It is important to mention here that the O.P. No.2 is the authorized service center of the O.P. No.1 -manufacturer.

The complainant further stated that from the first instance the refrigerator is giving trouble in respect of its Colling and due to its cooling problem the complainant cannot able to use the same properly as such the complainant intimated the matter of problem of the refrigerator to the O.P. No.1 at their toll free number and by using their WhatsApp number registered service for several times in an interval of 4 to 5 months since purchase of the refrigerator. On each and every occasion of boking of complaint the O.P. No.2 by sending their engineers, tried to cure the problem of the refrigerator in question but they failed to do the same and subsequently they asked the complainant for bringing the refrigerator before their service center. After making phone call to the O.P. No.1 the complainant sent the refrigerator before the service center where the refrigerator was kept for one month but in this time also the problem has not been cured. The complainant requested the O.Ps for replacement of the refrigerator but they did not take any initiative in that regard rather they assured that the problem has been resolved. It is pertinent to mention here that last service was provided by the O.P.No.2 in respect of booking of service by the complainant before the starting of the Lockdown After starting of unlock procedure the complainant sent a mail to the O.P. No.1 on 08.08.2020 by disclosing all the facts and in reply dated 09.08.2020 the O.P. No. 1 assured the complainant their higher authority would make contact soon. As there was no further communication from the O.Ps again the complainant sent mail on 17.08.2020. Thereafter as per instruction of the O.P. No.1 the complainant again booked service before the O.P.No.2 but the O.P. No.2 asked the complainant for paying service cost. As the complainant refused to pay any service cost the O.Ps illegally cancelled the booking of service and refused to given any kind of service. The O.Ps also refused to replace the refrigerator with a new one rather they asked the complainant to pay around Rs.8000/- further for replacement. Due to such type of conducts of deficiency of service of the O.Ps the complainant is compelling to keep the refrigerator idol. The complainant also tried to solve the dispute by using the help of Consumer Affairs Department, Durgapur but he did not get any relief.

In this situation the complainant prays for either repair the refrigerator completely and properly or to replace the same with a new one along with a sum of Rs.1,00,000/- towards mental pain, agony, & sufferings and also Rs.20,000/- for litigation cost.

In spite of having received the summons/notices, the O.Ps did not turn up and accordingly the case proceeded ex parte against them.  

Decision with Reasons

In order to prove the case,   complainant filed evidence-on-affidavit   along with some documents. The complainant also filed W.N.A.

Perused the complaint, evidence-on-affidavit and also perused the Xerox copy of documents submitted by the complainant. On perusal of the said evidence-on-affidavit, we find that the facts of the complainant collaborated with the facts as depicted in the complaint; the complainant also filed Xerox copy of all necessary documents.

It is admitted fact that the complainant purchased a Group Double Door Refrigerator bearing Model No.HRF2783CRG-E and Serial No.110402 of 258 Ltr.   Manufactured by the O.P. No.1, from the shop   , namely, Mass Marketing on 18.04.2018. The total consideration amount of that machine was Rs.22,600/- including all taxes and GSTs and the complainant paid the whole consideration amount on the date of purchase and  the above mentioned refrigerator manufacturer’s warranty was given which was valid for one year, i.e., from 18.04.2018 to 17.04.2019.  The complainant also availed the service of AMC for next two years by paying Rs.2265/- which is valid from 18.04.2019 to 17.04.2021. As the complainant sent a mail to the O.P. No.1 on 08.08.2020 & 17.08.2020 by disclosing all the problems regarding the said machine-in-question and though the OP assured to solve the problem but since then they did not take any effective step. So, nothing can be disbelieves the unchallenged evidence of the complainant.

Under the above facts and circumstances, we are of the opinion that the O.Ps did not repair the said refrigerator as and when the complainant alleged regarding defect from the very beginning of the purchase of the same. The O.Ps did not pay any heeds to that allegation. Thus the O.Ps committed deficiency in service and the complainant is entitled to get relief. The complainant is also entitled to get a litigation cost as he has to file this case for his claim. The unchallenged evidence of the complainant cannot be disbelieved as such the complainant has been able to prove that the O.Ps have committed deficiency in service and negligent. As a result the case succeeds ex parte.  

Hence, it is

                                            Ordered

that the Consumer Complaint No. 66/2021 be and the same is hereby allowed  ex parte against both  the O.Ps without any cost.

Both the O.Ps are directed to repair the defect of the said refrigerator -in-question as pointed out by the complainant, jointly or severally within 45 days  and they are also directed to pay a litigation cost of Rs.5, 000/-(Rupees Five Thousand) only to the complainant jointly or severally  within 45 days from the date of the  receipt of the final order,  failing which the said amount shall carry interest of @8 % p.a.  till realization.  

Let a copy of this order be given to the parties on free of cost.  

                         Member                                                President-in-Charge

              D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman