Consumer Complaint No.167 of 2016

Date of filing: 23.9.2016                                                              Date of disposal: 21.12.2016

Complainant:               Dr. Partha Sarathi Choudhuri, S/o. Sri Tapan Kumar Choudhuri, Lakshmipur, College More, Near Ammra Sabai Club, Burdwan – 713 101.

-V E R S U S-

Opposite Party:    1.     Stores Manager, Reliance Retail Ltd., Reliance Trend, 74/68, Kalna Road, Curzon Gate, Opp: Head Post Office, Burdwan – 713 101.

                              2.   M/s. Reliance Retail Ltd., Reliance Trend, 74/68, Kalna Road, Curzon Gate, Opp: Head Post Office, Burdwan – 713 101, represented by its Manager.

Present:      Hon’ble President: Sri Asoke Kumar Mandal.

                        Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:            Sri R. S. Ganguly, Authorized Representative.

Appeared for the Opposite Party (s):  None.

J U D G E M E N T

This complaint is filed by the complainant u/S. 12 of the C. P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops as the Ops neither remove the defects nor replaced the microwave oven and they did not return back the display board of the oven to the complainant.

The fact of the complaint is that the complainant,  an employee of Burdwan University had purchased one microwave oven of model LG CON MWO MC288 from OP-2 on 26.01.2014 for a consideration of Rs. 17,411.50 with extended guarantee period for two years from normal guarantee period of one year and thus the guarantee was extended till 26.01.2017. Since the product started non-functioning due to display problem and non-functioning of several keys, as well as, the regulator during extended guarantee period, the complainant lodged a complaint to the seller company on 06.7.2016 and one Mr. Paramanik received the complaint on behalf of the OP-2. On the next date, i.e., on 07.7.2016 the complainant received a complaint no. being 8005913820 through SMS from the system (IM-RESQCC) of OP and also from its Service Manager named Shyamalbabu. The technician Bamapadababu visited the complainant’s house and after inspection he detected the problem of display board and opined that the defects could not be repaired and rectified. As such Bamapadababu took the complete set of display board on 08.7.2016 for necessary replacement. From that date onwards the said display oven of the oven is in their possession and no step has been taken by the Ops, though the complainant repeatedly contacted the Service Manager, as well as, Store Manager for getting necessary services. After getting no services and response from the Ops, the complainant requested the OP-1 through e-mail dated 16.8.2016 to take up the matter seriously so that the defective product is immediately replaced or the total cost received by the Company be refunded within 15 days from the receipt of this e-mail. After acknowledging the said e-mail, customer support department assured the complainant through e-mail that within four business hours response would be given. Again on 17.8.2016 through e-mail customer support department apologized the delay and assured that they would provide the service and dispute would be resolved quickly. Still then nothing was done by the Ops and the complainant approached the Burdwan District Consumer Protection and Welfare Centre, an NGO to interfere into the matter for redressal of his grievance, but the said NGO also failed to give any redress to the complainant and could not settle the dispute. Since several attempts were made by the complainant for getting repaired and rectification of the product, but of no avail the complainant is compelled to file this complaint before this ld. Forum. Hence, the case arose.

The complainant prayed for Rs. 17,411.50 for refund of cost of the microwave oven, Rs. 10,000=00 towards compensation for harassment and mental agony and Rs. 5,000=00 towards litigation cost and others plus interest on the cost of the product i.e. Rs. 17,411.50 @12% per annum till date of payment of above claim.

Notices were issued upon the OP-1&2. Though the notices were received by the Ops neither they appeared nor they filed any written version on their behalf to contest the case. Hence, the case was heard ex parte against the Ops.

The complainant by filing a petition has prayed for treating his petition of complaint as his evidence.

Decision with reasons:-

            Perused all the documents i.e. invoice showing the price of the microwave oven, warranty card, e-mails given to the Ops, reply by the Ops, letter to the Burdwan District Consumer Protection and Welfare Centre dated 27.7.2016.

            It is seen that the non-functioning of the said microwave oven has occurred on 06.7.2016, i.e., within the said extended warranty period i.e. 26.01.2017. As the Ops have failed to repair or replace the said disputed product after several requests and communications from the complainant and as the said display board of the said oven is still in the possession of the Ops, so the Ops are liable to refund the cost of the oven. Hence, the complainant wins the case.

            Fees paid is correct.

            Accordingly, it is

O r d e r e d

that the complaint is allowed ex parte against the OPs with cost and the Ops are directed to replace he product with a new one of similar description, which shall be free from any defect within 45 days from the date of passing of this award, in default, the Ops are directed to pay either jointly or severally Rs. 17,411.50, the cost of microwave oven within 45 days from the date of passing of this award, failing which, it will carry penal interest @10% per annum on the awarded amount along with interest for the default period and the Ops also directed to pay either jointly or severally Rs. 1,000=00 as compensation for harassment and mental pain and Rs. 500=00 as litigation cost to the complainant within 45 days from the date of passing of this award, in default, the complainant is at liberty to put the entire award in execution as per provision of law.

            Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

                   (Asoke Kumar Mandal)        

             Dictated and corrected by me.                                                      President      

                                                                                                           DCDRF, Burdwan

                    (Pankaj Kumar Sinha)

                       Member

                     DCDRF, Burdwan

                                                      (Silpi Majumder)                        (Pankaj Kumar Sinha)

                                                          Member                                             Member

                                                     DCDRF, Burdwan                            DCDRF, Burdwan