District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Siddhartha Ganguli - President-in-Charge
Miss. Swapna Saha - Member
Consumer Complaint No. 17/2016
Sri Debobrata Karmakar,
Son of Late Dinesh Chandra Karmakar,
Vill. Hazipur, Mahinagar,
PO: Beltalapark, P.S.: Balurghat,
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
1. The Proprietor,
M/s. New Modern Agency (Authorized dealer of Godrej)
New Market,
P.O. & P.S. Balurghat, Dist. Dakshin Dinajpur.
2. Gopal Shil
S/o Late Shyama Shil
Prop. of Godrej Refrigeration Care Centre,
Subhash Corner Mangalpur (Near the house of Dr. Anjali Bakshi)
P.O. Beltala Park, P.S. Balurghat, Dist. Dakshin Dinajpur-733103
3. The Proprietor,
M/s. Loknath Service Center,
(Near Sudha Nursing Home), P.O. : Debinagar,
P.S.: Raiganj, Dist. - Uttar Dinajpur- 733123
4. Godrej & Boyce Manufacturing Company Limited,
Appliance Division
Pirojshanagar, Vikhroli,
Mumbai - 400 079, India …………………Opposite Parties
Ld. Advocate(s):
For complainant ……………… - Shri Somen Saha &
- Shri Sandip Kundu
For OPs ……………… - None
Date of Filing : 27.07.2016
Date of Disposal : 27.09.2016
Contd…P/2
Judgment & Order dt. 27.09.2016
The case of the complainant is that the complainant had purchased one Godrej Refrigerator, Vide Model No. “GDE 19DX4” Unit SR. No. 1208220016-2HDQBL on 04.11.2014 from the OP No.1 i.e. M/s. New Modern Agency (Authorized dealer of Godrej), New Market, P.O. & P.S. Balurghat, Dist. Dakshin Dinajpur, which was duly installed in the house of the complainant by the Technical Expert namely Gopal Shil of the said dealer (OP No. 2) and on the same day a bill-cum-cash receipt and warranty card had been issued in favour of the complainant. After the installation i.e. on 05.11.2014 one final bill had been prepared by the dealer and after receiving the consideration money i.e. Rs. 15,100/- (Rupees Fifteen thousand one hundred only) the same had been handed over to the complainant.
It is alleged that after couple of months there were some damages found in the main door of the Refrigerator due to rust formation. It is further alleged that as per the terms & conditions of the warranty card, “the refrigerator comes with a unique 10 years Rust Protection Plan and the body of the refrigerator is thus protected from the problems of rust and it is also written in the warranty card that if any Rust formation is found on any painted surface of the refrigerator within the period of 10 years from the date of purchase, company will repaint part/entire of the refrigerator free of cost” and the complainant went to the OP No.1 stating about such defect and OP No.1 had suggested to the complainant to book a complaint regarding the matter and as per his instruction the complainant booked a complaint over telephone and thereafter the company informed the complainant on 10.11.2015 about the confirmation of booking of the complaint by sending one SMS containing the complaint No. K1011355067.
It is further alleged that on 14.11.2015 a technical expert namely Gopal Shil of the said dealer (OP No. 2) came to the residential house
Contd…P/3
of the complainant and examined the refrigerator, collected an amount of Rs. 275/- and prescribed that the “main door to be changed or re-paint” and issued one receipt stating the matter in details. He also assured that the door of the refrigerator will soon be replaced by the Godrej Refrigerator Company and the problem will be solved very soon. But subsequently the Godrej Refrigerator Company on 10.12.2015 stating through SMS that the complaint No. K1011355067 has been canceled.
It is further alleged that the complainant thereafter repeatedly communicated with the OPs to solve the problem but none of them had taken any step regarding solution of the problem and getting no alternative the complainant then through his Ld. Advocate served legal notices through Regd. post to the opposite parties on different occasions but none of them replied within the stipulated period of 15 days as mentioned in the notices or bothered to solve the problem of the complainant.
As a result, the complainant suffered great mental pain and agony for non-replacement of the door of the refrigerator or repaint as per the warranty by the OPs, and the complainant, therefore, files this case for proper redress.
The complainant in his complaint prays for a direction upon the opposite parties to make replacement the Godrej Refrigerator, or the main door of the aforesaid Godrej Refrigerator be replaced or to refund the price of the refrigerator i.e. a sum of Rs. 15,100/-(Rupees sixteen thousand and one hundred) only in favour of the complainant and a direction upon the opposite parties to pay a further sum of Rs. 50,000/- (Rupees Fifty thousand) only towards compensation for mental pain and agony to the complainant as well as also cost of the suit in favour of the complainant.
In support of his claim the complainant filed the following documents to prove his case.
Contd…P/4
(a) Challan dt. 4.11.2014 issued by the OP No. 1
amounting to Rs.15,200/-.
(b) Receipt issued by Gopal Shil dt. 4.11.2014
(c) Cash invoice receipt dt. 5.11.2014 issued by the
OP No. 1 amounting to Rs.15,100/-.
(d) Warranty Card issued by OP No. 1 dt. 4.11.2014.
(e) Service call receipt dt. 14.11.2015
(f) Copy of Advocate Notices – issued upon the OPs.
The notices were served upon the OPs but none appeared before this Forum to answer the charges levelled against the OPs made by the complainant and therefore the case has been taken for ex-parte hearing.
On perusal of the written complaint and the documents filed by the complainant the following points have been framed.
- Whether the complainant is a consumer or not?
- Whether there is any deficiency in service on the part of OPs or not?
- Whether the complainant will be entitled to get any relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
The complainant on 4.11.2014 purchased one Godrej Refrigerator Vide Model No. “GDE 19 DX4” Unit SR. No. 1208220016-2HDQBL from the OP No. 1 by paying of Rs. 15,100/- for his domestic use and hence he is a consumer as per the provisions of u/s 2(1)(d) of the CP Act, 1986.
After couple of months the complainant found some damages in the main door of the said refrigerator due to rust problem. The complainant informed the OP No. 1 about the matter and OP No.1 then suggested to the complainant to book a complaint and a telephonic complaint has been booked through a SMS. On the basis of the complaint one technical staff of the Godrej Refrigarator Company i.e.
Contd…P/5
OP No. 2 examined the refrigerator, collected money from the complainant and suggested that the main door to be changed or repaint and also assured to solve the problem within a short period of time but in vain. Subsequently the complainant repeatedly tried to communicate with OPs and finally sent Adv. notices but his problem remains unsolved. Finding no other alternative the complainant filed this case before this Forum for proper redress.
On scrutiny of the documents filed by the complainant it is seen that the OP company issued one warranty card in favour of the complainant wherein it is mentioned that the refrigerator comes with a unique 10 years rust protection plan and the body of the refrigerator is protected from the problems of the rust and if any rust formed on any painted surface within the period of 10 years from the date of purchase the company will repaint part / entire refrigerator free of cost.
Here in this case the refrigerator was purchased on 4.11.2014 and it is still covered under the rust protection warranty as per the company’s norms. But despite lodging a complaint and examining the refrigerator physically by the technical expert of the refrigerator company (OP No. 2), who suggested the door is to be changed or re-paint, and thereafter serving Lawyer notices the OPs did not bother to re-paint the rust portion of the refrigerator as stipulated in the warranty card. Even after filing of this complaint notices were served upon the OPs but none of the OPs appeared before this Forum and answered against the complaint. Thus, we find a clear deficiency in service on the behalf of the OPs.
From the case record and documents filed as well as submission made by the complainant, we are of the opinion that the complainant is a consumer and there is gross negligence and / or deficiency in service on the part of the OPs, therefore, the complaint case succeeds and the complainant is entitled to get relief in part.
Contd…P/6
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.17/2016 is allowed in part against the OPs as ex-parte. The OPs are jointly and severally directed to re-paint the whole body of the refrigerator free of cost as per the warranty card within a period of 60 days from this date of order and the paint should be carried out at any suitable place of the OPs maintaining the standard of painting of the Godrej Refrigerator of the same make and model and the transportation charges for such shall be borne by the OPs only.
The OPs are further jointly and severally directed to pay Rs. 4,000/-(Rs. Four thousand) only as compensation in favour of the complainant due to the harassment and sufferings sustained by the complainant, failing which the complainant is at liberty to execute this order as per the provisions of the CP Act, 1986 and he is also entitled to get interest @ 8% p.a. on and from 61st day from this date of order till the realization.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
…………….…….
(S. Ganguli)
President-in-Charge
I concur,
………...……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of despatch ……………………
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