DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No.115 of 2023.
Date of hearing : 10.06.2024.
Date of order : 16.07.2024.
Dated the 16th day of July 2024.
Sk. Taher Mohammad, aged about 55 years,
S/o:- Late Sk. Islam, At:- Badasankarpur,,
Po/PS:- Purunabazar, Dist:- Bhadrak-756100,
Mob. No.- 9337077878.
. . . . . Complainant.
Vrs.
- The Branch Manager, S.P. Sales,
At/Po:- Bypass,
Dist:- Bhadrak-756100.
- The General Manager, Whirlpool of India Ltd.
Plot No.40, Sector-44, Gurugaon-122002.
- The Zonal Manager, Whirlpool India Ltd.,
At/Po:- Bapuji Nagar, Bhubaneswar-751009.
. . . . Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant : Sri Basanta Ku. Mohanty, Advocate & Associate,
Counsel for O. P. No. 1 : Ex-Parte.
Counsel for O.P.No.2 & 3 : Sh. Anil Kumar Kedia, Advocate.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant purchased a Whirlpool Protton World Series 300 Lt. Frost Free 3D Fridge on 07.07.2020 from the O.P.No.2 on cash whose cost is Rs.27,300/-. The complainant was impressed in the above Fridge, as it was express & extended warranty 10 (9+1) years & trademark quotation in ‘the relationship for life with’. After two years of use of the Fridge, it did not function properly as the cooling system did not work properly, for which the complainant reported the matter before the O.P.No.1. The complainant made 1st complaint at O.P.1 pertaining to the defect of his Fridge, the O.P.1 deputed the mechanics for inspection & removal of defects. The mechanics repaired the Fridge for which the complainant paid Rs.1,600/- for repairing charges to the mechanics. After some days the complainant also faced the same problem of non-cooling, the original defect persisted with the fridge. The 2nd complaint for which the complainant deposited the Fridge as per the advice of O.P.1 at the workshop of O.P.1 at Bhadrak. Till this date of filing of the complaint, the O.P.1 did not return the fridge making it free from defects which is an act of negligence on the part of O.P.1 & deficiency of service thereto as the comprehensive warranty rule is continuing by O.P.3. Being aggrieved by the acts of O.Ps the complainant sent an advocate notice demanding the removal of defect from the fridge to O.P.2. The O.Ps jointly and severally responsible for the deficiency of service and mental agony of complainant. The fridge is a necessary equipment for day to day life. The complainant running the fridge about 2 & ½ months from pillar to post in order to get a service of his defective fridge. The complainant prays for replacement of the fridge or in the alternative refund of the amount taken towards consideration be returned to him with interest. The complainant has filed the documents i.e. (1) Purchase Invoice (2) Complaint receipt (3) Product manual with warranty extension, & (4) Advocate Notice to the O.Ps.
The O.P.No.1 is set ex-parte.
The O.P.No. 2 & 3 submit that, the complainant has not purchased the Fridge from the O.P.2 as because the O.P.2 has not sold the said fridge directly to the complainant. It sells its products through its authorized dealers. The complainant has purchased fridge from the O.P.1.The complainant is aware of the warranty of one year on whole fridge & warranty of 9 years is on compressor of the fridge. The complainant lodged complaint on 27.06.2023 to the Toll Free Number of the O.P.2 & 3, on this date the technicians of the authorized service center of the O.P.2 & 3 visited the premises of the complainant & inspected the fridge & found that there is internal leakage, which is not repairable & the said technicians advised the complainant to replace the fridge with that of a new one after deducting depreciation, which the complainant denied. The company i.e. Whirlpool of India Ltd. is an internationally reputed manufacturer of house hold electronics goods such as Washing machine, Air-conditioner, Refrigerator, Water purifier etc.& respects its customer who purchases goods of its make. The O.P.2 & 3 took immediate initiative to help the complainant in every respect as per his desire & full satisfaction & has done it at the earliest possible time. The O.P. 2 & 3 has not committed any latches or negligence in services. The defect of internal leakage in the fridge is due to miss-handling of the said fridge by the family members of the complainant, which is not repairable & also the warranty of the fridge of the complainant expires on 06.07.2021. There is no trace of deficiency in service on the part of the O.P.2 & 3, the O.Ps are honest & sincere to take care of the fridge of the complainant. The O.Ps have filed a copy of job-sheet which is annexed as Annexure-1.
Having heard the rival contentions and materials available in the case record, it is found that the complainant has purchased a Whirlpool Protton World Series 300 Lt. Frost Free 3D Fridge on 07.07.2020 from the O.P.No.1 for an consideration amount of Rs.27,300/-. The fridge has started to give problems of non-cooling after 2 years. It is the bounden duty of these O.Ps to give service to the customers even if after the replacement warranty of one year has been elapsed. The complainant has availed paid service by paying Rs.1600/- but the problem reoccurred. It is appreciated by the commission that internal leakage by the user cannot be done by the users. The company cannot shirk away from its responsibility to make the product problem free after selling it. The basic purpose of purchase of fridge is frustrated if it fails to cool. These O.Ps sat over the matter for inordinate period of time which amounts to deficiency of service. It is the bounden duty of the seller to provide a problem free product and even if a problem arises they must address it with promptitude to bring it to a logical end. In this instant case, these O.Ps are found to be negligent and deficient in providing service, they need to compensate the complainant for the inconvenience he has faced due to negligence and deficiency of service by these O.Ps.
O R D E R.
In the result, the complaint be & same is allowed. These O.Ps are jointly and severally liable to replace the fridge with a new one with self-same or better features or in the alternative refund Rs.27,300/- within 30 days from the date of pronouncement of this order. In the event these O.Ps fail to comply the order within the specified date, they are to pay the amount mentioned with 6% simple interest till the date they actually make the payment.
This order is pronounced in the Open Court on this the 16th day of July 2024 under my hand and seal of the Commission.
