The complainant Sanjeev Bansal (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Royal Kitchen Home and another (here-in-after referred to as opposite parties).
Briefly stated, the case of the complainant is that he purchased one dishwasher bearing serial No.XW15100550021 for Rs.40,000/- (approximately) from opposite party No.1, manufactured by opposite party No. 2 and dishwasher was installed in his house by opposite party No.1.
It is alleged that since installation, the dishwasher is not working and the complainant has to suffer for this. He lodged a complaint with the service centre of opposite party No.2 at service@sleekworld.com vide complaint No.107145947, but nothing has been done in the matter. Apart from this, he also made complaints to Sleek Service Centre, Bathinda on mobile No.9217102222, Sleek Prem Midha on mobile No.9460689480, Sleek (Local Technician) on mobile No.9914552622, Sleek (Ram Karan from Rajasthan) on mobile 7976880926, on 31.10.2022 complaint No.0107131253 Technician name Appliances Care mobile No.9803027615 and on 13.8.2021 to Sleek International (Adil) on mobile No.9803027615, but nothing has been done.
It is further alleged that the complainant approached opposite party No.1 and requested it to give him the original bill of the product and to replace the defected dishwasher with a new dishwasher of same model or in the alternative to refund of its price, but it flatly refused. Thereafter the complainant got issued a legal notice to opposite parties through his counsel on 17.4.2023, but to no effect as they gave vague reply to the legal notice and did not take appropriate action.
It is also alleged that due to the acts and conduct of opposite parties, the complainant has suffered from mental tension and physical agony.
On this backdrop of facts, the complainant has prayed for directions to opposite parties to replace the defective dishwasher with new one of same model or in the alternative to refund the price of the dishwasher along with interest @ 18% p.a. and to provide original bill of the product and to pay Rs.50,000/- as compensation or Rs.11,000/- as litigation expeses. Hence, this complaint.
Upon notice, opposite party No.1 appeared through counsel and contested the complaint by filing written written version and raising legal objections that since the date of purchase of the dishwasher, the complainant never lodged any complaint with opposite party No.l regarding the defect in its functioning and opposite party No.1 has nothing to do with providing any service to the complainant, rather the service is to be provided only by the company i.e. opposite party No.2.
Further legal objections are that as per the information of opposite party No.1, the complainant lodged a complaint with the manufacturer/company regarding the problem in the functioning of the Dishwasher and company sent the authorized representative for checking of the functioning of the dishwasher, but as per the concerned representatives company, the dishwasher was functioning properly and in case of any defect, the service is to provided by the company. The product is already in out of warranty.
On merits, opposite party No.1 has reiterated its stand as taken in the legal objections as detailed above and denied all other averments of the complainant.
Upon notice, opposite party No.2 appeared through counsel and contested the complaint by filing written version and raising preliminary objections that the essence of the complainant's grievance centres on falsified and self-knitted stories. The complainant purchased one dishwasher bearing serial No.XW5100990021, PLATINUM BUILT IN model (hereinafter referred as the product) from opposite party No.1 M/s Royal Kitchen Home on 4.10.2016 for Rs.32,797/-. The product came with manufacturer warranty of 12 months from the date of purchase that has expired way back in October 2017 itself i.e. more than 5 years have lapsed since the warranty on the product has expired. The complainant has used the product for almost 6 years and has come up with a falsified story of defect in the product now. Even if there is any defect in the product, the same cannot be replaced of refunded as the warranty on the product has expired long ago and accepting any claim of the complainant after more than 6 years of purchase would be harsh burden of unwarranted liability on opposite party No.2.
It is pleaded that at the time of purchase, opposite party No.1 provided an installation manual and warranty card alongwith dishwasher to the complainant that was valid upto 12 months from the date of purchase and it was duly intimated to the complainant that it was applicable on all parts of manufacturing defects except glass, electrical cords, plug, pipes and filings used for installation. The warranty period of the dishwasher expired in October 2017 itself. The complainant used the product for approx 5 years before raising any kind of issue with the product.
It is further pleaded that on receipt of the complainant’s first grievance pertaining to the issues with respect to the dishwasher on 21.8.2021 i.e. after approx 5 years of purchase, opposite party No.2 arranged a visit to the house of complainant by its technical team, they observed that the printed circuit board (PCB) of the dishwasher was not working and required to be repaired. The PCB is not covered under warranty as it comes under electrical cords, but the same was repaired by opposite party No.2 in good faith and for the customer satisfaction. Upon repairing the PCB, the dishwasher started functioning properly, as such, the complaint was closed by opposite party No.2. On 31.10.2022, the complainant raised another complaint No.107131253 and opposite party No.2 immediately provided the resolution by again sending its technical team and found that the PCB of the dishwasher was not working. This time, the complainant was denied resolution as the model of the dishwasher had become obsolete and opposite party No.2 had stopped manufacturing the said model of dishwasher back. As the warranty on the product had lapsed long back, as such, opposite party No.2 was not liable to provide any further repair or resolution to the complainant after 6 years of continuous use.
It is further pleaded that the complainant did not accept the fact that PCB is not available in market and raised another complaint No.107145947 on 5.4.2023 where technical team of opposite party No.2 informed the complainant that PCB of the dishwasher is not available anywhere as opposite party No.2 has stopped manufacturing the said model of the dishwasher.
On merits, opposite party No.2 has reiterated its stand as taken in the preliminary objections as detailed above and denied all other averments of the complainant.
In support of his complaint, the complainant has tendered into evidence his affidavit dated 24.5.2023 (Ex. C1) and the documents (Ex.C2 to Ex.C9).
In order to rebut the evidence of complainant, opposite party No.1 has tendered into evidence affidavit of Manohar Singh dated 29.8.2023 (Ex.OP1/1) and close the evidence.
In order to rebut the evidence of complainant, the opposite party No.2 has tendered into evidence affidavit of Devendera Pawar dated 24.7.2023 (Ex.OP2/1) and documents, (Ex.OP2/2 and Ex.OP2/3).
We have heard learned counsel for the parties and gone through the file carefully.
Learned counsel for parties have reiterated their version as taken in their respective pleadings as detailed above.
We have given careful consideration to these submissions.
Opposite party No.2 has admitted in its written version that the complainant had purchased one dishwasher bearing serial No.XW5100990021 from opposite party No.1 i.e. M/s Royal Kitchen Home on 4.10.2016 for Rs.32,797/- vide Ex.OP2/3 with warranty of 12 months from the date of its purchase.
On the other hand, the complainant has produced online warranty, (Ex.C9) vide which all the products including appliances of kitchen sold by Sleek Internation Ltd. Carry 10 years warranty. In reply to legal notice issued by the complainant, (Ex.C6), opposite party No.2 has mentioned that on receipt of complaint dated 12.8.2021, its technical team visited the house of the complainant on 21.8.2021 where the dishwasher was installed and they found that the Printed Circuit Board (PCB) of the dishwasher was not working and was required to be repaired. PCB is not covered under warranty as it comes under 'electrical cords' and they repaired the dishwasher. Then again on 31.10.2022, the complainant raised the complaint which was attended by technical team of opposite party No.2 and found that PCB of the dishwasher was not working as the model of the dishwasher became outdated. It is further mentioned that PCB is not available anywhere as manufacturing of said model of dishwasher has been stopped by opposite party No.2. As per Section 84 of Consumer Protection Act, 2019:-
“Liability of product manufacturer.
1) A product manufacturer shall be liable in a product liability action, if-
a) the product contains a manufacturing defect; or
b) the product is defective in design; or
c) there is a deviation from manufacturing specifications; or
d) the product does not conform to the express warranty; or
e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.
2) A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.”
Thus, it is clear from the online warranty that all the products including appliances carry 10 years warranty and as per Section 84 of 'Act', it is duty of manufacturer to repair the product/dishwasher during the warranty period and if the product contains a manufacturing defect, then it is liability of manufacturer to replace the product with new one.
In view of discussed above, the complaint is partly accepted with Rs.2500/- as cost and compensation against opposite party No.2 and dismissed qua opposite party No.1. Opposite party No.2 is directed to replace the dishwasher in question with new one with similar specifications and price or to refund of its price i.e. Rs.32,797/- to the complainant.
The compliance of this order be made within 45 days from the date of receipt of copy of this order.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.
Announced
28-09-2023
- (R.L Mittal)
President
(Shivdev Singh)
Member
