DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 272/2014
Date of Filing: Date of Admission Date of Disposal:
19.05.2014 09.06.2014 31.07.2015
Complainant = Vs. = O.Ps.
Sri Susanta Kumar Mondal 1. M/S Haier Appliances (India) Pvt. Ltd
S/o. Sri Milan Chandra Mondal registered and corporate office at B 1/a,
residing at Vill & P.O.-Kundarali Mathura Road, Delhi-110044.
behind platform no-2 of 2. The Director
Kalyanpur Railway Station , M/S Haier Appliances (India) Pvt. Ltd
Pin-743610, registered and corporate office at B 1/a,
Dist- South 24 Parganas. Mathura Road, Delhi-110044.
3. M/S Haier Appliances (India) Pvt. Ltd
Office at business at Sector-V,
Block-EP and GP, Plot No-J5,
Salt Lake City, Sech Bhawan,
Kolkata-700091.
4. M/S Haier Appliances (India) Pvt. Ltd
Office of business at P-505,
Keyatala Road, P.S.-Lake
Kolkata-700029.
5. M/S Great Eastern Appliances Pvt. Ltd
Office at 20, Court House Street,
Kolkata-700001.
J U D G E M E N T
Facts of the case, in short, is that the complainant of this instant case purchased a double door refrigerator being item Description No-HAIER HRB-386WFG-332 LTR-WHITE REF from the OP No-5 on 10.08.2013 and this refrigerator is a product of the OP No-1 to 4.
Complainant stated that the complainant paid a sum of Rs 40, 349.35/- with 14.5% VAT for this above mentioned article and on same date i.e. 10.08.2013 the OP No-5 issued a bill/money receipt/tax invoice in favour of the complainant vide tax credit memo no-DH/CB/01725/13/-14 and being VAT No-19451814006.
Dictated and corrected Contd. …. 2/-
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Complainant also stated that on 05.09.2013 cooling problem was started in this mentioned article and till now this problem in this mentioned article i.e. a double door refrigerator being item description no-HAIER HRB 386WFG-332 LTR-WHITE REF. the gravity of this mentioned problem of this machine is being increased day by day. Complainants lodged several complaints to the office of OP No-3, 4 and 5 inspite of this information lodged by complainant the OPs do not care about this problem.
Complainant further stated that on 06.09.2013 the complainant being a customer of all OPs lodged a complaint to the customer care of M/S Haier Appliances (India) Pvt. Ltd namely Sri Toton Das being designated as Haier Service Engineer came to solve this mentioned problem and instead of solving this major problem he further damaged the middle door of this said machine. When this mentioned machine/representative left the house of the complainant he said that the damaged door should be replaced by him, but all were in vain, no person came to the house of the complainant or contacted with the complainant on behalf of OPs till 15.09.2013.
Complainant stated that on 16.09.2013 the complainant again lodged a reminder as a result this reminder was registered and being numbered as KOL1309160074. Complainant visited the shop of the OP No-5 and OP No-5 insulted the complainant with insulting and humiliating words. This is very much prejudicial of the reputation and dignity of the complainant.
Complainant further stated that this article i.e. a double door refrigerator being item description No- HAIER HRB 386WFG-332 LTR-WHITE REF is in the period of guaranty, inspite of this the OPs are avoiding their duty and they are subject of deficiency of service.
Complainant also stated that after coming to the office of the OP No-3, concerned officer of this office instructed the complainant to submit the original cash memo bill/money receipt/tax invoice vide tax credit memo no-DH/CB/01725/13-14 and being VAT No-19451814006. As per the instruction the complainant submitted the original cash memo/bill/money receipt/tax invoice vide tax credit memo no-DH/CB/01725/13-14 and being VAT No-19451814006. After that the concerned officer, working at the office the OP No-3 received this original cash memo/bill/money receipt/tax invoice and duly acknowledged on the duplicate copy. Hence the complaint.
OP No-5 has contested the case by filing written version and other OPs did not turn up to contest the case.
Dictated and corrected Contd. …. 3/-
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OP No-5 stated that the complainant purchased one double door refrigerator or Haier product on payment of Rs 40,349.35/- being the cost price of the product on 10.08.2013. Subsequently the complainant lodged complaint before the OPs regarding cooling problem of the machine. As the manufacturer M/S Haier Appliances (India) has their service centers at so many places the said manufacturer sent their mechanics for inspection and for necessary repairing and therefore if the manufacturer failed to repair the defects is the exclusive discretion of the manufacturer and the OP No-5 being dealer has nothing to say.
OP No-5 also stated that OP NO-5 under any circumstances are not liable for any alleged defects or fault of the refrigerator and only the manufacturer is liable and responsible for any defects as alleged by the complainant. Being dealer the OP No-5 after receiving complaint immediately referred the same before the manufacturer and the OP No-1 to 4 by sending their machine acted accordingly. The OP No-5 has no knowledge whether the machine had committed any fault during repairing the machine or not. Being seller the responsibility of the OP No-5 ceased when the OP No-5 duly communicated the complaint of the complainant before the manufacturer and the manufacturer took the charge to attend the machine. And accordingly after taking charge by the manufacturer the OP No-5 by seller has no role to play except communicating the further complaint if raised by the complainant before the manufacturer.
OP No-5 further stated that being dealer the OP No-5 sold the refrigerator to the complainant and immediately thereafter contract concluded.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision
It may be mentioned that OP No-1 to 4 did not turn up to contest the case inspite service of summons on them. Admittedly complainant purchased the a double door refrigerator paying Rs 40,349.35/- with 14.5% VAT and OP No-5 issued a money receipt/tax in voice in favour of the complainant which is marked anbnexure-A1 in this case. Ld. Lawyer for the OP No-5 pointed out towards annexure-A1 note “I as a customer do agree that warranty/guarantee offered on goods will be undertaken by the manufacturer only and under no circumstances company will be liable for any complaint whatsoever”. Besides that Ld. Lawyer for the OP No-5 relied on decision reported in 2012 (CPJ) 110 (NC) where in it has been held that “goods-Manufacturing defects-Neither OPs would be liable for any
Dictated and corrected Contd. …. 4/-
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damage unless it is satisfactory established-for any manufacturing defect in product, it is the manufacturer and not the dealer who could be held liable impugned order upheld”. Ld. Lawyer for the OPs further relied on decision reported in 2012(3) CPR 544(NC) where in it has been held that “-Dealer could not be held liable unless it was established that relationship between manufacturer and dealer under relevant agreement was that of principal.”
OP No-5 is not the manufacturer of the refrigerator but only dealer. As OP No-1 to 4 being manufacturer did not turn up to contest the case. Complainant is entitled to get relief against OP No-1 to 4. Complainant has no responsibility to refund any money.
Hence
It is ordered,
that the complaint and same be allowed exparte against the OP No-1 to 4 and also allowed on contest against OP No-5.
OP No-1 to 4 is directed to pay Rs 46,200/- to the complainant within one month from the date of this order, failing OP No-1 to 4 has to pay interest 8% per annum from the date of default till final payment.
OP No-1 to 5 is also directed to pay compensation of Rs 10, 000/- and Rs 3,000/- as litigation cost to the complainant within one month from the date of this order, failing which OP No-1 to 5 shall have to pay sum of Rs 100/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the OP No-1 to 5 in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
Dictated & Corrected by me.
