Sri Ranjan Ray, Ld. Member
FINAL ORDER/ JUDGEMENT
This complaint U/S 35 of C.P. Act, 1986 was initially filed against the Opposite Party (O.P.) – The Manager, Reliance SMSL Limited (Near Pani Tanki Ont. Post), Sevoke Road, Siliguri, Dist.- Darjeeling, Pin Code- 734001 and vide Order No. 07, dated 07.03.2024 the case has started running ex- parte against O.P.
The case of the complainant as per his complaint is as follows-
The complainant had purchased a Pegion Company Mixer Grinder for daily usage for her household on 20.12.2022 being bill No. 71 POS-115 and serial No. 3860 from the Departmental Store of the O.P. (Reliance SMSL Limited) and after purchasing of the said machine, the O.P. put the departmental stamp in the warranty card according to rules. As per warranty card there is 2 years warranty on product as well as motor which is mentioned in the said user manual and as well as warranty card of the said Mixer Grinder. After purchasing of the said Asteria Mixer Grinder machine, the complainant used it only for 3-4 months and thereafter some problem is found in the said machine which has been continuing. On 20.06.2023 the complainant visited the O.P. and reported the problem of the said machine and after that the O.P. told complainant to call at the Customer Care Centre which was mentioned in the said warranty card. The complainant called the Customer Care Centre but the authority of the Customer Care Centre denied to provide any services and stated that they were unable to do anything in respect of the said machine. On 02.07.2023 the complainant again visited the O.P. and stated the fact but again the O.P. told complainant to call at the Customer Care Centre. As per advice of the O.P. on 12.07.2023 the complainant again made contact with the Customer Care Centre but did not get any fruitful result.
When the complainant purchased the said machine, the O.P. of the said store have assured that the complainant if there is any problem arise in the said machine, the complainant can make contact with the O.P.’s departmental store and the O.P. will solve the problem but when the complainant visited the O.P. and stated the problem to him they categorically denied to solve the problem. On 11.07.2013, the complainant sent a complaint letter which was within the warranty period and same to the company and the letter was duly served to the addressee on 14.07.2023 but did not get any response. Finally, having no other alternative the complainant lodged this complaint.
The prayers of complainant are as follows :
- To pass an order directing the O.P. and to either completely replace the product or refund the purchase money of the product with up to date interest.
- To pass an order directing the O.P. to pay Rs. 10, 000/- (Rupees Ten Thousand) only as deficiency in service as well as harassment, mental agony by selling such defective product.
- Litigation cost of Rs. 10, 000/- (Rupees Ten Thousand) only.
- Any other relief/ reliefs if the petitioner is entitled in the eye’s of Ld. Commission.
List of Documents filed by the complainant:
- Copy of Tax Invoice being No. 71 POS-115, dated 20.11.2022.
- Photocopy as well as original copy of Warranty Card of the Asteria Mixer Grinder being Bill No. 71 POS-115, Serial No. 3860, dated 20.11.2022.
- Photocopy as well as original copy of Lawer Notice, dated 11.07.2023.
- Photocopy as well as original of Postal Receipt and Track Consignment Report.
Regarding this instant case, the Opposite Party- The Manager, Reliance SMSL Limited (Near Pani Tanki Ont. Post), Sevoke Road, Siliguri, Dist.- Darjeeling, Pin Code- 734001 did not file Written Version (W.V.) and vide Order No. 07, dated 07.03.2024 the case has started running ex- parte against O.P.
Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint, and documents filed by the complainant the following points are taken to be decided by this Commission.
POINTS FOR CONSIDERATION
1) Whether the complainant is a consumer?
2) Whether the case is maintainable under the CP act 2019?
3) Whether this Commission has its jurisdiction to decide this case?
4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?
DECISION WITH REASONS
All the points are taken up together for consideration and decision.
Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of both the parties in full length.
The O.P. carries his business in Siliguri, Dist.- Darjeeling. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consume Protection Act, 1986 and Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.
At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.
In this instant case, the complainant had purchased a Pegion Company Mixer Grinder for daily usage for her household on 20.12.2022 being bill No. 71 POS-115 and serial No. 3860 from the Departmental Store of the O.P. (Reliance SMSL Limited) and after purchasing of the said machine, the O.P. put the departmental stamp in the warranty card according to rules. As per warranty card there is 2 years warranty on product as well as motor which is mentioned in the said user manual and as well as warranty card of the said Mixer Grinder. After purchasing of the said Asteria Mixer Grinder machine, the complainant used it only for 3-4 months and thereafter some problem is found in the said machine which has been continuing. On 20.06.2023 the complainant visited the O.P. and reported the problem of the said machine and the O.P. told complainant to call at the Customer Care Centre mentioned in the said warranty card. The complainant called the Customer Care Centre but the authority of the Customer Care Centre denied to provide any services and stated that they were unable to do anything in respect of the said machine. On 02.07.2023 the complainant again visited the O.P. and stated the fact but again the O.P. told complainant to call at the Customer Care Centre. As per advice of the O.P. on 12.07.2023 the complainant again made contact with the Customer Care Centre but did not get any fruitful result. On 11.07.2013, the complainant sent a complaint letter which was within the warranty period and same to the company and the letter was duly served to the addressee on 14.07.2023 but did not get any response. The complainant several times made contact with the O.P. to resolve the issue but all were in vain.
It is clear from the documents that the notice was duly served upon the O.P. on14.07.2023 but after receiving notice the O.P. neither appear before this Commission nor even even bother to file Written Version (W.V.). Hence, vide Order No. 07, dated 07.03.2024 the case has started running ex- parte against O.P.
As per documents and evidences filed by the complainant it is very much clear that the complainant purchased the said Pegion Company Mixer Grinder being bill No. 71 POS-115 and serial No. 3860 on 20.12.2022 from the Departmental Store of the O.P. (Reliance SMSL Limited) and the said Pegion Company Mixer Grinder found defective. The complainant several times made contact with the O.P. and reported this matter to the O.P. and take necessary initiatives to resolve the issue but did not get any fruitful result from the O.P. In this case, it is the duty of the O.P. to supply a product with a good condition because a consumer always buys a product from a reputed Departmental Store like Reliance SMSL Limited with an expectation for delivery of a good quality of product and service as well as better offerings from the company but in this instant case the company failed to provide a quality product and also failed to deliver his best services to his consumer. It is fact that the said 01 (one) no. of Mixer Grinder was under the coverage of guarantee period and in this context it was the duty of the O.P. to deliver their best service to his consumer and this Commission has no doubt to hold that the O.P.s did not provide their best service to his consumer.
So, as per the above discussion this Commission has no doubt that the deficiency of service was occurred from the part of the O.P. In this instance case, the O.P. is liable.
Hence, it is, therefore,
ORDERED
That the Consumer Case No. 131/2023 be and same is allowed on contest against the O.P. (Reliance SMSL Limited) with cost. The O.P. is liable in this case.
The O.P. is s are directed to refund the purchased amount of the said 01 (one) no. of Mixer Grinder with a simple interest @ 6% per annum from the date of purchase of the said 01 (one) no. of Mixer Grinder by an Account Payee cheque in favour of the complainant within 45 (Forty Five) days from the date of this order, i.e., from 05.12.2024. The O.P. is also directed to pay Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost to the complainant. The O.P. is also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission within 45 (Forty Five) days from the date of this order, i.e., from 05.12.2024. The O.P. shall pay the entire amount through an account payee cheque within 45 (Forty Five) days from the date of this order, i.e., from 05.12.2024, in default the complainant will be at liberty to execute the award as per law.
The O.P. is entitled to get liberty to take back the said 01 (one) no. of defective Mixer Grinder with his own cost.
Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.
