D.O.F : 30/11/2022
D.O.O : 30/10/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.291/2022
Dated this, the 30th day of October 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Deekshith Vijay M, aged 29 years
S/o N B Vijayakumar
R/at Malangai House
Arithala Road,
Karadukka P O
Kasaragod.
(Adv: Nikhil Narayan) : Complainant
And
- Jeeves Consumer Services Pvt Ltd
L – 169, 13th Cross, 5th Main, Sector – 6
HSR Layout, Bangalore,
Karnataka, 560102.
- Jeeves Consumer Services Pvt. Ltd
C/o Speed Care Service Centre,
-
Nayaks Road, Kasaragod,
Kerala, 671121. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The facts of the case is that the complainant purchased a Godrej double door refrigerator from Flipkart and also purchased 3 year complete protection plan from Jeeves consumer services for Rs. 18,689 /-. The brand warranty from Godrej this only for 1 year, he brought additional plan under a condition that whatever damage or irregularities happen, they will repair. The next year there was an issue with the product and complaint registered with Godrej and within 24 hours they came and fixed the issue. In August 2022 the refrigerator starts showing some issues like bottom side not cooling well but top freezer cooling more than enough. So the complainant contacted Jeeves customer care and registered complaint. The opposite party promised an engineer visit within 24 hours. At last the engineer showed up on 28th August. After a short inspection he declared that the heater coil should be replaced and he will order and bring the item very soon. But nothing happened. The complainant contacted customer care frequently but with each call he got different replies and promises which never fulfilled by Jeeves. The engineer came again on 10th September 2022 with bare hands. After a short inspection he informed that the parts delivered was wrong, so needs to reorder. As the complainant has no other option he agreed for the same. Thereafter till date the issue is not resolved. After lots of research, the complainant found the Kasaragod office and went there and enquired about the matter very seriously. The officer in charge replied very arrogantly and insulted the complainant. On 3rd October another person called who introduced him as Jeeves officer from Kasaragod office asked for picking up the refrigerator. Jeeves approved for a refund of Rs. 13,998/- since the spare parts is not available. The complainant refused for the decision. The complainant was really fed up with the services and the malfunction of the refrigerator causing issues in their day-to-day life caused mental agony. So the complainant registered complaint with Godrej for repair on 5th October 2022. Their engineer came on the very next day and diagnosed issue and he informed that heater coil of the refrigerator is completely working fine, the issue is with fan and suggested to replace the faulty parts and paid him Rs. 1,750/-. The Jeeves tried to buy back the sold products for a very lesser price along with forgetting the amount paid for extra protection spending Rs. 1,750/-. It became 100% working product. On 17th October they closed the case without the complainant’s consent and registered a new case and informed that there is only refund is available and suggested them to enter his bank details so that they will process the refund. But the complainant was not ready to share his bank details with the Jeeves. Hence the complainant seeking a monitory loss of Rs. 25,000/- along with Rs. 2,00,000/- for deficiency in service, mental agony and stress.
Notice of opposite party No. 1 awaited, notice of opposite party No.2 served, they remained absent, name called absent, set exparte. Substituted service of notice in Karaval daily is effected against opposite parties as both are residing in Kasaragod Taluk.
The complainant filed proof affidavit in lieu of chief examination and the document produced is marked as Ext. A1. Heard the complainant. The issues raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service on the part of opposite party in repairing the product?
- Whether the complainant is entitled for relief? If so, what is the relief?
The case of the complainant is that he had purchased a double door refrigerator of Godrej company from Flipkart with 3 years protection plan for Rs. 18,689/-. Ext. A1 bill is produced to prove the purchase of Godrej double door refrigerator. The complainant purchased the product for a consideration. So he is a consumer as per the CP Act 2019. Since the brand warranty was only for one year, the petitioner got additional plan promising whatever damage or irregularity, they will repair. After 2022 August the refrigerator showed some issues like the bottom is not cooling, but the top freezer cooling more than enough. So he registered a complaint with Jeeves customer care as per their promise on 17 August 2022. They promised for an engineer visit within 24 hours, but actually he came on 28th August. After a short inspection, he declared that the heater coil should be replaced and will bring the item very soon. Thereafter he got different replies from Jeeves instead of resolving the issue. The complainant had made all efforts to cure the defects. After a lot of research, he found the Kasaragod office. But the office bearers insulted him. They also had not taken any steps to cure the defect but tried to refund Rs. 13,998/-, since the spare parts are not available. Fed up with the irresponsible attitude of Jeeves customer care, the complainant registered complaint with Godrej for repair on 5th October 2022. The company’s engineer came on the next day and diagnosed the refrigerator and informed that issue is with fan. For complainant’s enquiry regarding heater coil, he informed that heater coil is completely working fine. Thus replaced the faulty parts and paid Rs. 1,750/-. Now the complainant is seeking relief against the Jeeves customer care for their lethargic attitude in curing the defects of his refrigerator. The allegation of the complainant is that even after purchasing a 3 year protection plan from Jeeves, they failed to provide proper and prompt service to the complainant where the refrigerator showed issues. The complainant constrained to register complaint with Godrej. The service man of Godrej had given proper service to the complainant and the issue resolved. In the absence of rebuttal evidence there is serious deficiency in service on the part of opposite party which caused huge loss and severe mental agony to the complainant. Hence the complainant is entitled for relief for long sufferings and waiting.
The claim of the complainant is for a compensation of Rs. 2,00,000/- for deficiency in service, unfair trade practice, mental agony and stress along with Rs. 25,000/- towards monitory loss. The claim of the complainant is highly excessive and without any basis. But he suffered a lot due to the irresponsible attitude of opposite parties. The complainant has not adduced any evidence for such a huge loss. Considering the circumstance of this case, we hold that an amount of Rs. 25,000/- is a reasonable compensation in this case. The complainant is entitled for the cost of litigation also.
Therefore, the complaint is partly allowed, directing opposite parties jointly and severally to pay a compensation of Rs. 25,000/- (Rupees Twenty Five thousand only) along with a cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibit
A1 – Purchase bill
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
