West Bengal

Bankura

CC/45/2024

Sri Surajit Modak - Complainant(s)

Versus

The Competent Authority, Whirlpool Of India Limited - Opp.Party(s)

Sandip Chakraborty

14 Aug 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.45/2024

         Date of Filing: 24/05/2024

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

 

For the Complainant:Ld. Advocate Sandip Chakraborti

For the O.P.: Ld. Jayanta Kumar Mukhopadhyay

Complainant:

Sri Surajit Modak S/O.- Late Yudhisthir Modak, R/O.- Rabindra Sarani, Near Amit Enterprise, P.O., P.S. & Dist.- Bankura, PIN- 722101, Mob: 8172055733.   

OppositeParty:                                                                                                                                                                                                                   1.The Competent Authority, Whirlpool Of India Limited, (Corporate Office), Plot Number – 40, Gurgaon Sector – 44, Opposite Aparel House, Gurgaon – 122003. Haryana, Contact - 07947142895.

2.The Competent Authority, Whirlpool Of India Limited, (Regional Office), 8, Room No.- 1A, 11^th Floor, Shantiniketan Building, Circus Avenue, Kol- 700017, (Opposite British Council), Contact - 07942695935.

3.The Competent Authority, FLIPKART INDIA PRIVATE LIMITED, Vaishnavi Summit, Ground Floor, 7^th Main, 80 Feet Road, 3^rd Block, Koramangala Industrial Layout, Bangalore, Karnataka – 560034, India.

 

                                                                      FINAL ORDER / JUDGEMENT                                                                                                                                                           

Order No.04

Dated:14-08-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased a Triple Door Regrigerator (Model- Whirlpool 240 Litre Frost Free) under Invoice dated: 11/03/2023 for Rs.23,758/- on online platform through O.P.No.3. After installation on 15/03/2023 in his new Flat it was not on use till 17/06/2023 as the Flat was not ready but on 17/06/2023 when the Complainant started the refrigerator it was not cooling perfectly though the Compressor of the refrigerator ran the entire day without any pause. The Complainant reported such unusual manifestation of the refrigerator to the Whirlpool Customer Centre on 18/06/2023 and on 06/07/2023 one technician on behalf of the Company visited the house of the Complainant and refilled the gas in the refrigerator Compressor after obtaining signature of the Complainant on the Job

                                                                                                                                                                                          Contd…..p/2

Page: 2

Card. Still the refrigerator was not properly functioning and instead of cooling the refrigerator had the heating effect and the problem was reported but the technician could solve the problem by some patch-work. After five months the refrigerator again started abnormal cooling and when contacted the Company the technician recharged the gas in the Compressor of the refrigerator with the remark that there may be leakage in the Compressor which could not be detected and two months thereafter the refrigerator started to yield the same problem and the Complainant registered his complaint on 18/04/2024 to which the Whirlpool Distributor responded by email on11/05/2024 with the assurance to replace the refrigerator on charging minimal replacement cost of Rs.11,093/-. The Complainant is not ready and willing to such replacement on extra payment and hence this case with the prayer for replacement of the defective refrigerator with a new one or refund the price thereof together with compensation.

O.P. No.1 & 2 / Whirlpool Co. contested the case by filing a written version contending inter alia that without expert opinion the Complainant is not entitled to get any relief in this case and that they are not liable to render any service or repair work beyond the Warranty Period.

O.P. No.3 did not file any Written Version to contest the case.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that admittedly the refrigerator in dispute was unused as the Flat was not ready but when it was put on use on regular basis w.e.f. 17/06/2023 the said refrigerator started non-functioning from time to time within the Warranty Period but the same was not properly addressed and redressed by the O.P. Co. Finding that the Compressor leakage was the actual technical defect the O.P./Whirlpool Co. responded to the complaint beyond the Warranty period on 11/05/2024 with the proposal for replacement of the defective refrigerator by a new one with replacement  cost of Rs.11,093/-.

 It is the fault of the O.P./Whirlpool Co. to take effective steps for proper service, repair and maintenance of the defective refrigerator within the Warranty period leaving the defect of Compressor leakage without proper treatment. If the fault or defect of the refrigerator is detected within the Warranty period it is the duty of the O.P./Whirlpool Co. to remove the defect without any delay but in this case the O.P./Whirlpool Co. took the action beyond the Warranty period on 11/05/2024 for replacement of the defective refrigerator with a new one at the replacement cost of

                                                                                                                                                                                         Contd…..p/3

Page: 3

Rs.11,093/-. The Complainant is not bound to pay such additional replacement cost of Rs.11,093/-  as the refrigerator is already found to be faulty and defective within the Warranty period.

No expert technical report is necessary in this case to fix the product liability upon the O.P./Whirlpool Co. as the replacement offer made by them on 11/05/2024 admits of inherent technical defect in the product.

The Complainant has established his case to get the relief as prayed for.

Hence it is ordered…….

That the case be and the same is allowed on contest but without cost.

O.P./Whirlpool Co. is directed to replace the defective refrigerator of the Complainant by a new one of the same Model without charging any replacement cost within one month from this date or to refund the price thereof with Litigation Cost of Rs.10,000/-within the said period in default law will take its own course.

Both parties be supplied copy of this Order free of cost.

 

    __________________                                     ________________        

 HON’BLE   PRESIDENT                            HON’BLE    MEMBER