DATE OF FILING : 20.04.2016.
DATE OF S/R : 23.08.2016.
DATE OF FINAL ORDER : 28.10.2016.
Sri Uttam Anchalia,
493/C/A, G.T. Road, Vivek Vihar,
Phase V, Block 13, Flat 1B,
Howrah 711101.. ….………………………………………………….. COMPLAINANT.
1. The Manager,
Reliance Retail Limited,
Avani Riverside,
32, Jagat Babnerjeeghat, Shibpur,
Howrah 711102.
2. The Managing Director,
Whirlpool India Limited, Whirlpool House,
Plot No. 40, Sector 44,
Gurgaon 122002, Haryana,
India..…………………………………………...…………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Uttam Anchalia, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to replace the refrigerator with a brand new one of the same model alternatively to refund the purchase price, to pay the present market value minus cost of the refrigerator amounting to Rs. 10,987.49 p., to pay a sum of Rs. 15,000/- towards loss, damage and mental agony and to pay Rs. 5,000/- as litigation costs.
- Complainant bought one 445-liter refrigerator from Reliance Retail Limited, Avani Riverside Mall, 32, Jagat Banerjee Road, Howrah 711102, o.p. no. 1, on payment of monthly installment of Rs. 4,009/- on 12.05.2015 through ECS vide annexures. But within few months of such purchase i.e., by August, 2015, the complainant have been facing problem with regarding to the extra cooling in the vegetable box leading to formation of ice and rotting of vegetables and for that reason complainant lodged complaints before both the o.ps. for as many as ten times vide e.mails of different dates but they did not solve the problem without giving false assurance and the problem persisted. The men of the o.ps. inspected the said refrigerator in question but no fruitful result came out. Being frustrated and finding no other alternative, he filed this instant case with the aforesaid prayers.
- Notices were served. But they never appeared and filed written versions. Accordingly, the case was heard ex parte.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the petition of complaint and its annexures and noted its contents. It is to be noted that within three months of purchase of the refrigerator in question, the complainant started facing problem with the same. It is also to be noted that almost the entire purchase price has been paid and he has been deprived of using the set. After several complaints lodged before the o.ps., the machine could not be set right which certainly caused severe mental agony, physical harassment and financial loss to the complainant as we all know that the refrigerator is one of the most useful household gadgets. O.Ps. should have remembered that the success of their business totally depends upon the customer satisfaction. No effective post sale service has been given by the o.ps. during that time. How they can possess such a daring attitude towards the customer. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No.150 of 2016 ( HDF 150 of 2016 ) be allowed ex parte with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to replace his present refrigerator by a new one or refund Rs.41,512 to the complainant within 30 days from the date of this order.
That they are further directed to pay to the complainant an amount of Rs. 5,000/- as compensation and Rs. 2,000/- as litigation costs within 30 days from the date of this order.
That the o.ps. are further directed to pay the entire amount of Rs. 48,512/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 8% per annum till full realization. The complainant is also directed to return the refrigerator to the o.ps. lying in his custody after receiving the awarded amount.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( A.K. Pathak)
Member, C.D.R.F., Howrah.
