OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP, GUWAHATI
C.C.16/2014
Present:-
1) Md.SahadatHussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
3) Md Jamatul Islam - Member
Mrs Alpana Srivastava -Complainant
W/O- Sri Ramanuj Soumitra
R/O- TarunNagar,Bye Lane-2/9,H.No-11A
P.O- Dispur,P.S- Bhangagarh
Guwahati-05,Dist-Kamrup,Assam
-VS-
1) Samsung India Electronics PVt.Ltd. -Opp.Party
Head Office is at 35, HUDA Main market
Sector-31,Gurgaon.Haryana
Pin-122001,
Represented by the Managing Director
2) Samsung Service Plaza
6thfloor, Adityam (KFC Building)
Opp.LachitNagar, hanumanMandir
G.S.Road, Ulubari, Guwahati-07,
Represented by its Manager
3) M/S Royal Plaza,G.S.Road,
Bhangagarh, Guwahati-05,
Represented by its Manager
Appearance:
Ld advocate Mr Rajib Hazarika for the complainant
Date of exparte argument - 27.03.2018
Date of exparte judgment - 11.04.2018
EXPARTE JUDGMENT
This is a proceeding U/S- 12 of the Consumer Protection Act, 1986
1)The complainant’s case is that the complainant purchased a Samsung Refrigerator bearing Model No-RT26FAJSARX/TL-REF from M/S Royal Plaza (Opp.Party No-3) on 22/08/2013 . The total cost of the said refrigerator was Rs.24,500/-only. The complainant paid the same in cash. The representative of the Opp.Party No-3 delivered the said product in the complainant’s house at about 3 PM on the same day and the manager of the Opp.Party No-3 issued a sale invoice bearing sale invoice No-SC2097 and delivery challan No-1308 both dtd.22/08/2013 . The said refrigerator contains a warranty of 12 months from the date of purchase . The Opp.Party No-3 also issued the warranty card. On 23/08/2013 , the very next day of installation of the refrigerator the complainant found dent on the door and body of the product which was communicated forthwith to the Opp.Party No-3 and the Opp.Party No-3 advised the complainant to go to the Opp.Party No-2 the authorised service centre . On the same day the complainant along with her husband went to the Opp.Party No-2 and informed about the condition of the refrigerator .Opp.Partty No-2 assured the complainant that they would visit the complainant’s house to sort out the problem.But none from the Opp.Party No-2 came inspite of several request made by the complainant. Opp.Party NO-2 asked the complainant to lodge a complaint before the Samsung Service Network in the toll free No-1800-266-8282 and complainant lodged a complaint on 05/09/2013 vide complaint No-8456693057. On 08/09/2013 some people from the Opp.Party No-2 came to the house of the complainant and after verifying the same they assured the complainant that the problem would be resolved immediately but no step was taken by the Opp.Party No-2 . After some days when the complainant contacted the Opp.Party NO-2 , they asked the complainant to talk with Mr. Mazumdar, Manager of Guwahati Service Centre, but Mr. Mazumdar did not pay any heed to the repeated request made by the complainant and till date nothing has been done by the opp. party to address the problem. The complainant sent a legal notice dtd.09/11/2013 to the opp. parties and asked the opp. parties to replace the refrigerator within 15 days . She was cheated by Opp.Party No-3 by installing a defective refrigerator which is not the same which she had chosen in the outlet and inspite of her request opp. party did not take step to rectify the dents. The defects are manufacturing defects and the warranty was for 12 months and in result within warranty period Opp.Party No-2 is duty bound to rectify the defect or replace the refrigerator and by not doing that they harassed her and so they are liable to replace the refrigerator with a new one or to refund the cost of it and also to pay Rs.25,000/- as compensation for causing harassment and mental agony to her as well as Rs.10,000/- as cost of the proceeding and Rs.5,000/- towards the cost of the legal notice.
2)We have perused the pleading, the evidence of the complainant as well as the argument of complainant’s Ld counsel Mr Rajib Hazarika . From the Ext.-1 and 2 it appears to us that , the complainant had purchased a refrigerator -RT26FAJSARX/TL-REF-FF from Royal Plaza, Guwahati (Opp.Party No-3) at a price of Rs.24,500/- on 22/08/2013. From Ext.-3 it is seen that it has warranty card of the said refrigerator and warranty period is 12 months from the date of purchase .
3)In the evidence the complainant state that on the very next day of installation of the refrigerator i.e. 23/08/2013 she has found some dents on the door and the body of it which he immediately communicated to the Opp. Party No-3 and the later advice her to go to Opp.Party No-2 (the authorised service centre) and she with her husband visited Opp.Party No-2 and inform him about the matter and Opp.Party No-2 assured that they would visit her house to sort out the problem but they did not; and thereafter she lodged complaint to Samsung Service Network in the toll free no-1800-266-8282 on 05/09/2013 which was registered as complaint No-5456693057 and thereafter some people from Opp.Party NO-2 came to her house on 08/09/2013 and they verified the problem but assured her that the problem would be resolved immediately but later on they did not take any step and then she again intimated Samsung Service Network through their toll free no and then again some people from Opp.Party No-2 came and gave her assurance that the problem would be resolved soon but they did not take any step and directed her to talk with manager of their service centre over mobile No-9706070567 and accordingly she did the same but Mr.Mazumdar did not pay any heed to her request; and thereafter being compelled she, by sending a legal notice dtd.09/11/2013 through post requested Opp.Party No-2 to replace the said refrigerator within a period of 15 days from the date of receipt of the notice but till date no communication received from them , after lodging of present complaint Opp.Party No-1 by sending a letter dtd.25/02/2014 admitted the defect in the refrigerator and assured to render her grievance at an early date but he also has not taken any step to redress her grievance . This version of the complainant is believable having the statement are supported by affidavit and the opp. parties even after receiving the notices of this complaint case has not turned up to challenge the allegation raised by the complainant . Thus it is established that , the refrigerator purchased by the complainant has been retaining dents in the door and different parts of the body which she detected on the very next day of the purchase and the said refrigerator is not the refrigerator she shown to Opp.Party No-3 for installation.
The second thing establish is that the complainant on the very date of detecting the defect asked Opp.Parrty No-3 to rectify the defect and on advice of Opp.Party No-3 she also approach Opp.Party No-2 for rectifying the defect and when Opp.Party No-2 did not take any step , she lodge a complaint before Samsung Service Network through their toll free no and on the direction of Samsung Service Network some people visited her residence and detected the defects after verifying and they also assured to rectify the defects at an early date and when they did not take steps to rectify the defects she again intimated Samsung Service Network and again some people of Opp.Party No-2 came to her residence and assured her to solve the problem sooner but they did not take any step and then she contacted Opp.Party No-2 again but the later advised her to talk with Mr Mazumdar , the manager of Guwahati Service Centre and she requested Mr Mazumdar to address her grievance but he did not pay any heed to her request and then she sent legal notice to the opp. parties asking them to resolve the dispute and to replace the said refrigerator with a new one. After filing this proceeding Opp.Party No-1 sent a letter dtd.25/02/2014.
We have perused Ex-6 which is the letter dtd.25/02/2014 sent by Samsung India ElectronicsPvt.Ltd. after filing of this proceeding and found that they admits that the said refrigerator retains physical damage which is an external factor not inherent to the product and such defects can not be covered under warranty but they will repair it free of cost as a good gesture. From this letter it is clear that opp. parties admit that the said refrigerator contains defects and damages but according to them such damages were caused by external factor and not inherent to the product. It is found that the opp. party side has not turned up to establish that plea of theirs. Thus it must be presumed that statement of the complainant as to the fact of defects in the refrigerator is a true statement. So, it is established that the defect detected by the complainant and which have also admitted by the opp. parties are inherent damage and defects and these were not caused by the complainant or any of her agents.
4)As the opp. party side has not take any step to rectify the defects or to replace the refrigerator inspite of repeated request of her through letters and digital media, it might be held that such act of refusal to rectify the defects or to replace the refrigerator by the opp. parties is an act of deficiency of service and unfair trade practice and therefore they are liable to refund the price of the said refrigerator and after payment they will be entitled to get back the refrigerator and they are also to pay interest @6% per annum from the day of 22/08/2013 till satisfaction of the award.
5)They are also liable to pay an amount of Rs.10,000/- as compensation for causing harassment and mental agony to the complainant by refusing to rectify the defects or to replacing the refrigerator and are also liable to pay Rs.5,000/- as cost of the proceeding having for their fault the complainant became compelled to prosecute them before this forum incurring some expenditure.
6)Because of what has been discussed as above we hold that the complainant has a prima facie case against the opp. parties and she has also succeeded to prove it. Accordingly the complaint against the opp. parties is allowed on ex-parte and they are directed to refund the cost of the refrigerator-Rs.24,500/- along with interest @6% per annum from the day of 22/08/2013 to the complainant and also to pay her Rs.10,000/- as compensation and Rs.5,000/- as cost of the proceeding to which they are jointly and severally liable. They are directed to make the payment within 45 days , in default, other two amounts shall also carry interest at same rate and they are liable to face legal consequences as per the provisions of Consumer Protection Act,1986.
Given under our hands and seal today on this day of 11th.` April,2018.
(Smt.ArchanaDekaLahkar) (Md.Jamatul Islam) (Md.SahadatHussain) Member Member President
