DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No.56 of 11.2.2016
Decided on: 14.6.2017
Pooja Kaushal wife of Arun Kaushal R/o H.No.9-B, Street No.5, Hira Bagh, Patiala.
…………...Complainant
Versus
1. IFB Industries Ltd. Regd.Off.14, Taratolla Road, Kolkata-700088.
2. City Link Electronics and Electricals, Rajpura Colony, near Gurudwara Sahib, Patiala.
3. IFB Industries Ltd. Home Appliances Division, Baldev Ware House Complex, Vasika No.505, Village TGhreekay Outside Octroi, Ferozpur Road, Ludhiana.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Smt.Puuja Kaushal,complainant in person.
Opposite party No.2 ex-parte.
Sh.B.S.Sodhi, Advocate,
counsel for opposite parties No.1&3.
ORDER
SMT.NEELAM GUPTA, MEMBER
Smt.Pooja Kaushal, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To replace the microwave with the new one or to refund the price of the same alaongwith interest.
- To pay Rs.50,000/- as compensation for causing mental agony and physical harassment
- To pay Rs.20,000/- as litigation expenses.
2. In brief, the case of the complainant is that she purchased a IFB Microwave Oven, Model 20SC2 with convention Microwave Oven worth Rs.9200/-on 11.2.2009 vide invoice No.3708 from OP no.2. After the purchase of the same, the microwave started creating problems. The complainant requested the company to rectify the problem but inspite of rectifying the problem it continued giving problem. On 28.8.2014, she got the extended warranty upto 28.8.2016, with regard to Microwave vide ICR No.14-15/1897 dated 28.8.2014 and Job No.13656025from OP no.3 . On 16.12.2015, vide complaint No.17093289, She lodged the complaint ,on toll free number of the company. Thereafter technical persons of the IFB company visited many times to rectify the problem but failed to do so. Again she lodged a complaint dated 30.1.2016 vide complaint No.17328522. The technical persons checked the microwave and tried to rectify the defect, but could not do the needful, for which she is suffering from mental agony and physical harassment. There is thus deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.
3. On being put to notice OPs No.1&3 appeared through counsel and filed the written version while OP no.2 failed to come present despite service and was accordingly proceeded against ex-parte.
In the written version, filed by OPs No.1&3, preliminary objections have been taken stating therein that the complaint is not maintainable; that the complainant has not come to the Forum with clean hands, that the microwave Oven of the complainant is out of limited warranty terms extended by the manufacturer; that there is no expert opinion to prove that the subject appliance suffers from the problems as alleged and that the complaint is barred by time as the microwave had been purchased on 11.2.2009 and the present complaint has been filed on Feb.2016.On merits, it is admitted that the complainant had purchased the said appliance / microwave from Op no.2 with a warranty of one year. It is alleged that there was no problem in utilizing the appliance prior to 28.8.2014. On 28.8.2014, the complainant lodged a request to check the appliance. The technician of OP no.1 visited to the house of the complainant on the same date. During inspection, it was found that fuse of the microwave was short due to voltage fluctuation. The said service was not covered under the warranty terms and was on payment basis. Under the circumstances, the complainant preferred to avail annual maintenance contract on 28.8.2014 for the period from 29.8.2014 to 28.8.2016 , on payment of Rs.2027/-.Another request was received from the complainant on 16.12.2015.The technician visited to the house of the complainant on the same date. The appliance was found working properly. Next request was received from the complainant on 30.10.2016.On inspection it was found that due to high voltage fluctuation diode was short., which was replaced without charging any amount and in compliance to the AMC terms. Nothing wrong was pointed out thereafter by the complainant. There is no deficiency in service on the part of OPs no.1&3.After denying all other allegations made in the complaint, prayer has been made to dismiss the complaint.
4. On being called to do so, the complainant tendered her sworn affidavit,Ex.CA alongwith documents Exs.C1 to C2 and closed the evidence.
The ld. counsel for OPs no.1&3 tendered in evidence affidavit of Sh.Anil Kumar Johri, Executive Taxation of IFB Industry Ltd. Ex.OPA alongwith documents Exs.OP1 to OP4 and closed the evidence.
5. We have heard the complainant, ld. counsel for OPs no.1&3, gone through the written arguments filed by the complainant and have also gone through the record of the case, carefully.
6. Ex.C1 is the copy of the invoice vide which the complainant purchased the microwave from Op no.2.Ex.C2 is the receipt for Rs.2027/- whereby the complainant entered into A.M.C./extended warranty from 29.8.2014 to 28.8.2016.As per condition no.1 of the terms and conditions of the Annual Maintenance contract (AMC), “During the warranty period, defects if any in the appliance shall be rectified by the company or by its authorized service franchises, either by new parts or by reconditioned parts, solely at the discretion of the company”. The complainant lodged the complaints on 28.8.2014, 16.12.2015 and 30.1.2016.Every time the complaint of the complainant was properly attended to by the OP and problem was rectified as is evident from Exs.R1/2, R1/3 and R1/4. The case of the complainant is that the OPs failed to rectify the problem but the OPs have placed on record all the job sheets which show that all the complaints of the complainant were properly attended to and the problem was rectified. OPs have submitted that after 30.1.2016, the complainant never lodged any complaint regarding any defect in the microwave. It is the plea taken by the complainant that inspite of rectification of the problem by the OPs, the microwave did not function properly and the complainant was left with no alternative but to approach this Forum in the month of February,2016. After approaching this Forum, Mr.Hakam Sharma, Sr. Officer of IFB alongwth an Executive officer and a technician inspected the said microwave and the same was found to be not in working condition. As per condition no.1 of the terms and conditions of the Annual Maintenance contract (AMC), “During the warranty period, defects if any in the appliance shall be rectified by the company or by its authorized service franchises, either by new parts or by reconditioned parts”. Hence, we find that the microwave got defective during the continuance of the period of A.M.C. and the OPs. were bound to set it right.
7. As an upshot of aforesaid discussion, we allow the complaint of the complainant with a direction to OPs no.1&3 to rectify the microwave without charging any amount from the complainant.The OPs are further directed to pay a sum of Rs.2000/- for the harassment undergone by the complainant and Rs.1000/- as litigation expenses. Order be complied by OPs no.1&3 within a period of 30 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:14.6. 2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
