The plaintiff case is in short is that on 4th January, 2016 the complainant with an intention to buy a refrigerator visited the shop of the O.P. No.1 situated at Station Road, Kanir More, Malda. The O.P. No.1 explained the various products on display through their design and specification and all such relevant functions. The O.P. No.1 also ensured with clarity about the facilities, guarantee and warrantee connected with the product thereto. Being convinced by the O.P. No.1 about the facilities, utilities, guarantees and warranties the complainant purchased a single double door refrigerator on 04/01/2015 being Model No.RTEON51LPD4.3 bearing Product Code 2MNMST. The purchase was confirmed by Invoice No. 00523. After six months of such purchase the refrigerator stopped working. The complainant contacted Customer Service who after inspection confirmed the appliance was having problem with the cooling mode. The complainant agreed repair of the fault and the appliance was repaired.
Since, after such repair the refrigerator again started malfunctioning. The complainant informed about such fault to the engineer of the Customer Care Help Line by which another inspection was held which diagnosed that the sensors of the appliance are out of order. As such for smooth working of the refrigerator the sensor had to be changed. Even after such repair of sensor the refrigerator was of no use and it remained unused for 14(Fourteen) to 15(Fifteen) months. In the meantime, the complainant tried to contact the Customer Care and the Service Centre being O.P. Nos. 2 & 3 with a hope that the appliance will be repaired and it will stop working soon Despite repeated reminders the O.P. No. 2 turned deaf ear towards the complainant. The complainant was assured by O.P. No.1 that the complaint of the refrigerator will be fixed and repaired.
Finding no fruitful result from the side of the O.Ps the complainant approached the office of the Assistant Director C.A & F.B.P. Malda R.O. and a mediation was held between the complainant and O.P. Nos. 1 and 2. Ultimately, the mediation failed but the complainant has urged in the petition of complaint that the O.P. No.2 had stated in the mediation proceeding that the matter would be resolved within the 15 (Fifteen) days and requested the complainant to hand over the refrigerator for repair.
The O.P. No.2 further stated that if the refrigerator will not get defect within 15 (Fifteen) days of delivery he will replace the same. From then onwards the refrigerator is lying with the O.P. No.1
The complainant alleged that the O.Ps are liable for gross-negligence and they failed and neglected to fulfil their responsibility and moral liability towards the complainant. The complainant had suffered huge pecuniary loss and mental agony. The complainant was compelled to buy the second refrigerator for the selfsame purpose.
The complainant also alleged that the O.Ps are running an unfair trade practice to cheat the complainant and there is deficiency of service on the part of the O.Ps. Hence, this case.
The case was fixed for ex parte on 10/02/2021 since none of the O.Ps appeared to contest the case.
POINTS FOR CONSIDERATION
- Whether there is negligence, unfair trade practice committed by the O.P. as alleged ?
- Whether the complainant is entitled to get any relief as prayed for ?
::DECISION WITH REASONS::
Both the points are taken up together for brevity.
In the petition of complaint the complainant nowhere in the four corners of the petition has stated when he purchased the refrigerator.
We only find on Para 25 that an order passed in the mediation proceeding by which the complaint case was dropped on 26/08/2019.
On going through the documents filed by the complainant we find a receipt of Service Centre dt. 31/05/2019 but we did not find a word from which it will be proved that the refrigerator is lying with the Service Centre, Godrej Service Centre.
The complainant filed his Affidavit-in-Chief which is duly tendered before this Forum now Commission. From the purchase receipt of Bilash Enterprise it shows that the refrigerator was purchased on 04/01/2015. Therefore, the statement made in Para -9 of his affidavit-in-chief that on or about six months after the sale of the refrigerator the refrigerator stopped working is incorrect and we don’t find any paper in support of such statement. As such the allegation of guarantee and warranty will not find any place in this case as the one and only papers goes to show that the refrigerator was given to the Service Centre on 31/05/2019 which does not talk of any guarantee, warranty and for what purpose this receipt was issued as the refrigerator was 4 (four) years old and it did not stop working after 6(six) months of purchase.
It is a fact that the complainant approached the Consumer Affairs and Fair Business Practices on 22/05/2019 for mediation of the dispute. On the first mediation i.e. on 30/05/2019 as stated in the mediation, that the O.Ps had stated that they would resolve the case within 15(Fifteen) days and requested the complainant to hand over the refrigerator for repair and service from which we can draw the inference that on 31/05/2019 the complainant handed over the refrigerator to Universal Services Godrej Care.
Therefore, we can very well say that at the present date the refrigerator purchased by the complainant is lying with the O.P. No.2 but the O.P. No.2 has not appeared in this case to contradict the statement made by the complainant.
The complainant has neither approached the O.P. No.3 for any intervention. It is a very simple fact that he purchased the refrigerator from O.P. No.1 and when it started showing defect, he approached the O.P.No.2 and presently the refrigerator is lying with the O.P. No.2’s Workshop.
C.F. Paid is correct.
After receiving summons O.P. Nos. 1, 2 and 3 did not appear in this case to contest or contradict the case of the complainant by filing any written version.
Hence, ordered
that the case be and the same is disposed of ex parte.
Therefore, we are of the opinion that O.P. No.2 is directed to hand over the refrigerator in fully working condition and defect free or pay a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) as compensation to the complainant within 45 (Forty Five)days of passing of this order failing which he shall be liable to pay find @ Rs. 50 (Rupees Fifty Only) per day till delivery of the defect free refrigerator or payment of sum of Rs.50,000/- (Rupees Fifty Thousand Only) and the complainant is also at liberty to put the decree in execution in default of the order.
Let a copy of this order be given to the both parties free of cost on proper application.
