In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.301/2011.
1) Shri Utpal Chatterjee,
76/5B, Salimpur Road, P.O. Dhakuria,
P.S. Kasba, Kolkata-31. ---------- Complainant
---Versus---
1) The Chief Executive Officer,
Whirlpool of India Ltd.
A-4, MIDC, Ranjangaon, Taluka, Shirur, Dist. Pune, Maharashtra – 419204.
2) The Regional Manager,
Whirlpool of India Ltd.,
“SHANTINIKETAN” Building, 7th Floor, 8, Camac Street, Kolkata-17.
3) Sri Anindya Bose,
Branch Service Manager – W.B.
Whirlpool of India Ltd.,
“SHANTINIKETAN” Building, 7th Floor, 8, Camac Street, Kolkata-17.
4) Sri Kalyan Bose,
Branch Service Manager – W.B.
Whirlpool of India Ltd.,
“SHANTINIKETAN” Building, 7th Floor,
8, Camac Street, Kolkata-17, P.S. Shakespeare Sarani.
5) Amit Kr. Das,
Senior Territory Service Executive,
Whirlpool of India Ltd.,
“SHANTINIKETAN” Building, 7th Floor, 8, Camac Street, Kolkata-17.
6) Chet Ram Soni,
Territory Service Executive,
Branch Service Manager – W.B.
Whirlpool of India Ltd.,
“SHANTINIKETAN” Building, 7th Floor, 8, Camac Street, Kolkata-17. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 21 Dated 30-10-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant had purchased a Whirlpool Microwave oven for domestic / residential use and purchased an annual maintenance contract (AMC) having Home Care Plan application no.HP04038143 and accordingly the complainant opted for a MW-0305-12 Plan Code no.1023186 and the said AMC Plan covered maintenance of Whirlpool Model 1236-MT-263 Microwave Product no.4025033 Product Desc.MWO-Microwave MT263 Chassis no.370236804128, which was purchased on 27.7.07 and the complainant’s Home Care Plan started on 27.7.07 and expired on 26.7.08. Complainant paid a total sum of Rs.1275/- for the said contract to o.p. vide cheque / draft no.960362 dt.27.7.07, drawn on UBI, Dhakuria which was duly acknowledged under receipt no.038143 by the o.p.
O.p. committed in the contract that the tentative schedule of preventive maintenance were on 27.10.07 and 24.4.08 respectively, but o.p. did not made a single visit as a part of the commitment made in the contract by o.p.
Due to malfunctioning of on/off switch and inside bulb getting fused the complainant lodged a complaint being no.KL1207003062 dt.12.12.07, but thereafter there was no response from the side of o.p. in regard to the said complaint made by complainant.
Complainant made several reminders through telephone but o.p. and their men and their authorized agents gave only false assurances every time, but neither any service engineer / technician attended the machine nor the o.p. took any step to repair / remove the defect from said machine.
Complainant vide a letter dt.31.12.08 addressed to the CEO and Head – India Operation, Whirlpool India Ltd. Maharashtra and Branch Service Manager, Kolkata narrated the entire facts for the settlement of dispute within 10 days, but no step was taken by the concerned authority of Whirlpool India Ltd. for settlement of the issue. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. nos.1, 2 and 6 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Other o.ps. did not contest the case by filing w/v and matter was heard ex parte against other o.ps.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed contest with cost against o.p. nos.1, 2 and 6 and ex parte with cost against o.p. nos.3, 4 and 5. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.5,000/- (Rupees five thousand) only as compensation for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
