Orissa

Debagarh

CC/27/2020

Anupam Modi, aged about 32 years, S/o-Sri Ratanlal Modi - Complainant(s)

Versus

The Proprietor, Mukesh Enterprises - Opp.Party(s)

10 Dec 2021

ORDER

IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH

C.C NO-27/2020

Present:-Sri Dipak Kumar Mahapatra, President & Smt Arati Das,Member.

 

 Anupam Modi, aged about 32 years,

S/O- Sri Ratanlal Modi,

At- Dharmsala Road, Talabhitiria sahi,

Near Oriental Bank of Commerce,

P.O/P.s/Dist- Deogarh.                                                                                 …...Complainant.

                                                                    Vrs.

1. The Proprietor,

          Mukesh Enterprises ,College Road, Laida,

           Dist- Sambalpur.

2. M/S Whirlpool India Ltd.

          Plot NO-A-4,MIDC, Rajnandgaon,

         Taluka Shirur,Dist- Pune.

3.  M/S Whirlpool India Ltd.

           Whirlpool House,

          Plot No-40, Sector-44,

          Gurgaon-122002,Haryana, India.                                                        ……O.Ps.

Counsels:-

For the Complainant             :-          Self

For the O.P-1                         :-          None

For the O.P-2 & 3                  :-          Sri H.R.Kedia, Advocate.      

                                             DATE OF HEARING : 12.11.2021, DATE OF ORDER : 10.12.11.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that on dtd. 07.05.2020 the Complainant has purchased a Washing Machine of Whirlpool make vide model-SW ULTRA 7.5 WINE 10YM on payment of Rs. 19,300/-as advance payment towards the full and final consideration amount through UPI based fund transfer in the name of the O.P-1 on dtd. 02.05.2020. The Complainant called the Customer Care Centre for authorised installation of the washing machine who assured to do the same within two days but in vain. The Complainant ultimately installed the machine himself after following the instruction in the User Manual. After some days of use on dtd. 15.05.2020 the Complainant found that the said machine is suddenly started shuddering heavily in middle of the process of washing and drying. He sent message through Tweeter to the O.P-2 & 3 who assured to attend the call as early as possible and sought for the Email Id/ mobile No./ Complaint No of the Complainant. Even after receiving the same, did not take any step to repair the machine.  On dtd. 19.05.2020 the O.P-2 & 3 sent direct message to the Complainant on Tweeter with a hope that their service experts would have provided necessary services but no such services was rendered. On dtd. 29.5.2020 the Complainant was asked to provide address details of the Complainant and it was provided accordingly but no technician has attended the call for providing and the Complainant became aggrieved and warned them to take shelter in the Court of Law. In spite of the Washing Machine in within warranty period the O.Ps did not take any steps to provide necessary after sale services to the Complainant. Due such deficiency in services the Complainant is facing a lot of problems in washing and cleaning his clothes and being harassed mentally, financially.

As per the O.P-2 & 3 they are not carrying their business at Sambalpur. The Complainant has purchased the said Washing Machine from the shop of O.P-1 after selecting the machine out of good numbers of machines according to his wish. No any contact was made by the Complainant with the O.P-1 and the O.P-1 has never provided any contact number of any persons. The O.P-2 & 3 in an intention to repair the Washing Machine, made contact on dtd. 12.07.2020 and assured to depute their service engineer  from Jharsuguda to the attend the call. But due to COVID-19 Pandemic, there was no bus services  for which the service team could not reach to the Complainant. In the other side on making contact with the Mobile No- 9437737000 the Complainant denied to entertain them and stated that he has already filed a case against him in the Court of Law. The Complainant would have given an opportunity to serve then the O.P-2 & 3 could have repaired it. But due to ego and intention to teach a lesson the Complainant denied to avail any services after CORONA Pandemic. Again submitted that none of the O.Ps voluntarily resides or carrying out business or have any branch offices   or personally works for gain, no cause of action arises at Deogarh jurisdiction. As the case is not maintainable it shall be dismissed.  

The O.P-1, despite of service of notice he did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-1 as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

        From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a Washing Machine from the O.P-1 on payment of consideration amount. It is observed from the copy of Tweeter message filed by the Complainant, that the Complainant has several times i.e on dtd. 15^th & 19^th of May 2020, 1st June-2020 and 11th & 12^th July-2020 has Tweet the O.Ps(Whirlpool India). But in written statement filed by the O.P-2 & 3 they have denied that the Complainant has not made any contact with them is purely false. In their reply on dtd.11th July 2020 the O.P-2 & 3 has not urged anything about the problem of communication due to COVID-19 restriction on plying of buses. But only they linger the process to avoid the post sale obligation and responsibility.  It is the duty of the O.Ps to provide post sale services as and when required by the Complainant during warranty period. It is the O.Ps to provide after sales services but neglected the purchaser/consumer/Complainant when he faced certain defects in the said Washing Machine after using the same for some months. But despites several telephonic contact with the O.P-1 and Customer Care Centre, he could not get it repaired. The O.P-1 has neglected to provide necessary after sale services and shifted the burden to the manufacturer (O.P-2 & 3). But OPs were at least required to repair it. Neither they repaired it properly nor did they replace the defective Washing Machine of the Complainant, which amounts to deficiency in service on the part of O.Ps. This matter has been well settled in the case of “Pallavi vs. Apple India Pvt. Ltd.” decided by the State Consumer  Disputes Redressal Commission ,Punjab , Chandigarh on 7^th  September, 2017.Hence the O.Ps have committed “Deficiency in Service”  u/s-2(11) of Consumer Protection Act-2019, by not providing proper services to the Complainant. Hence we order as under:-      

                                                                                             ORDER

The Complaint petition is allowed. The O.Ps are directed to replace the defective Washing Machine and provide him a brand new Washing Machine of same make and model i.e. SW ULTRA 7.5 WINE 10YM  or refund the cost of the Washing Machine of Rs 19,300/-with 9% interest  per annum from the date of filing the complaint, i.e., dtd. 17.04.2015 till its realisation." The O.Ps are further directed to pay Rs. 20,000/-(Rupees Twenty Thousand)as compensation and Rs.5,000/- (Rupees Three Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.

Order pronounced in the open court today i.e, on 10^th day of December-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

 

MEMBER.(W)                                                                                   PRESIDENT.

                                               

Dictated and Corrected

                                                                By me.     

 

                                                          PRESIDENT.