Smt. Sangita Paul, Member
This is a case filed by Smt. Putul Pramanick, W/o. Dipankar Pramanik of Moylapota Road, near Shiv Kali Mandir, P.O. & P.S. – Baruipur, Kolkata-760 144 against the Manager Reliance Digital M/S. Whirlpool India Ltd. and Whirlpool Service Centre with a prayer for directing the OPs to replace the refrigerator by same make and / or to return an amount of Rs.16,990/- being the cost of the refrigerator and to direct the OPs to pay a sum of Rs.50,000/- as compensation for harassment, mental agony and unfair trade practice and to pay a sum of Rs.10,000/- as litigation cost to the complainant.
OP No.1 is the Manager, Reliance Digital. The address is Kulpi Road, Baruipur, Padmapukur Branch, P.O. & P.S. – Baruipur, Kolkata-700 144.
OP No.2 is M/S. Whirlpool India Ltd. The address is Whirlpool House, Plot No.40, Sector-44, Gurgaon-122 002. Haryana.
OP No.3 is Whirlpool Service Centre. P. K. Banerjee Road, Baruipur, Kulpi Road, P.O. & P.S. – Baruipur, Kolkata- 700 144.
The complainant by filing this case states that the complainant purchased one Whirlpool Silver Spring Coloured Refrigerator on 11.06.2019 vide Model No.DC230F/2010 from OP No.1. The price was Rs.16,990/-.
The Refrigerator was delivered and reinstalled on 12.06.2019 at the residence of the complainant by Op No.1. After some days of such installation the complainant detected that the lower portion of the Refrigerator was totally damaged and the complainant called for many a time. Lastly on 06.02.2020, the complainant lodged the complaint before OP No.3 and thereafter the experts of OP No.3 visited the residence of the complainant and after examination the experts assured the complainant that they would replace the refrigerator by a new one as early as possible.
Till date nothing has been done by the OPs despite repeated calls and request made by the complainant even on several times, the complainant visited the OP No.3. But all are in vain.
That the complainant sent a legal notice to the OPs on 10.09.2020 and the OPs 1 & 2 duly the received the said notice on 15.09.2020 but till date no reply has been received by the complainant.
That the cause of action arose on 11.06.2019 and it is continuing day by day. Hence the complainant prays for directing the OPs to replace the refrigerator of same make and / or to return an amount of Rs.16,990/- being the cost of the refrigerator, to pay a sum of Rs.50,000/- as compensation for harassment, mental agony and unfair trade practice, to pay a sum of Rs.10,000/- as litigation cost.
OP No.2 in the written version states that the complaint is not maintainable either in law or in facts.
That the instant complaint case is baseless, devoid of merit, harassing, frivolous, speculative and is of no consequences.
That there is no such specific cause of action in the instant case and no specific allegations is made out by the complainant against the answering OP No.2.
That the Ld. Commission has no territorial jurisdiction to entertain and adjudicate the present complaint. As OP No.2 resides outside the jurisdiction of the Commission, where the complaint has been instituted, the complainant is required to seek permission from the Ld. Commission but the complainant did not do so.
The allegations made by the complainant is manufacturing defects. It requires proper analysis and test report to confirm the allegations.
Expert opinion is required to prove the defect. By written applications it cannot be ascertained.
The complainant failed to prove the manufacturing defects without any cogent evidence.
The complainant has thus motivated by attempted to obtain unfair advantage.
The refund / replacement is permissible neither in law nor under any terms of warrantee policy.
The OP No.2 does not provide free of cost repair. The OP No.2 states that there is no deficiency in service on the part of answering OP No.2 or any manufacturing defects in the said refrigerator. The complaint filed is not a consumer dispute. Hence it is prayed that the complaint be dismissed with exemplary cost.
The complaint was filed on 24.12.2020. It was admitted on 02.02.2021. On 04.03.2021 the complainant prays for amendment of the spellings of OP Nos.2 and 3. A prayer for amendment is allowed. On 13.04.2021, OP No.2 did not appear in spite of service of summons. The complainant is to take fresh steps upon OP No.3. On 20.07.2021, the complainant files a petition for vacating the ex-parte order. On 04.10.2021 the prayer for vacating the ex-parte order against OP No.2 was allowed and W.V was accepted. On 30.11.2021, the complainant files evidence on affidavit. On 10.03.2022, the OP No.2 files questionnaire. On 12.04.2022, the complainant files reply. As the O.P No. 1 & 3 did not contest the case the same proceeded exparte against the O.P No,1 & 3 . OP No.2 prays for treating his complaint petition as evidence on affidavit. His prayer is allowed. On 20.11.2022, OP No.2 files reply. On 21.03.2023, the complainant and OP No.2 filed their respective BNAs. Heard argument. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the documents, it appears that the complainant purchased a whirlpool refrigerator vide model No.DC230F/2010 from Reliance Digital on 11.06.2019. The complainant paid Rs.16,990/- and the said refrigerator was delivered on 12.05.2019. As the complainant Paid Rs.16,990/-, she is a consumer u/s 2(7) of the C P Act, 2019. So the first point is decided in favour of the complainant.
Point No:2 :
The complainant purchased the refrigerator on 12.06.2019. From the very beginning the complainant detected that the lower portion of the refrigerator was totally damaged. It was beyond the imagination of the complainant. After few days of installation, the complainant could not use it properly. After being informed the OPs did not take any steps. The complainant cannot use the refrigerator. Her purpose was not served. Besides her money was blocked. As she did not use the refrigerator her money was blocked and not properly utilized. The complainant called on the personnel of Whirlpool Service Centre. She called customer care of Reliance Digital. But they hardly cared to come. Lastly, on 06.02.2020, a complaint was lodged again the OP No.3 (the Service Centre). The complainant also requested them to replace the refrigerator. Nothing was done on the part of the O.Ps. Even the OPs did neither repair the refrigerator nor replace the refrigerator. They took the complainant’s opinion. But did not act accordingly. Once the refrigerator has been sold, the OPs forget about their service. The act of the OPs is an example of unfair trade practice and deficiency in after sale service. Hence, the 2nd point is decided in favour of the complainant and against the OPs.
Point No.03 :-
It appears that the OPs have a mala fide intention. So they didn’t care to listen to the complainant’s grievances. The complainant has been harassed for several times. She suffered monetary loss due to negligent act of the OPs. Due to unfair trade practice of the OP the complainant spends time in mental pain and agony. Hence she is entitled to get relief as prayed for. So, the 3rd point is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint be and the same is allowed on contest against OP No. 2 and ex-parte against OP Nos.1 and 3 with cost of Rs.10,000/- (Rupees ten thousand).
That the OPs 1 and 3 jointly and/or severally are directed to replace the refrigerator of the same make and model to the complainant within 45 days from the date of this order.
Alternatively, that the OPs 1 and 3 jointly and/or severally are directed to return an amount of Rs.16,990/- (Rupees sixteen thousand nine hundred and ninety) with 9% interest w.e.f. 11.06.2019 till realization to the complainant within 45 days from the date of this order.
That the OPs 1, 2 and 3 jointly and/or severally are directed to pay compensation to the tune of Rs.30,000/- (Rupees thirty thousand) to the complainant within 45 days from the date of this order.
That the litigation cost of Rs.10,000/- (Rupees ten thousand) is to be paid to the OPs 1, 2 and 3 jointly and/or severally within the stipulated period of 45 days from the date of this order.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case. As such he did not sign the judgement and order passed on this day.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
