Orissa

Cuttak

CC/95/2017

Mrs Mamata Bal - Complainant(s)

Versus

The Proprietor,L S Refrigeration - Opp.Party(s)

B P Bal

19 Dec 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.95/2017

 

                  Mrs. Mamata Bal,

W/O: Sarada Prasan Bal,

At: Plot No.1068/D,Sector-6,

Dist:Cuttack,Odisha.                                                                       … Complainant.

 

Vrs.

1.        The Proprietor

LS Refrigeration,

At-Plot No.C/50, Sector-10,

C.D.A,Cuttack-753014mIdusga,.

 

2.        The Branch Head,

Lloyd Electric & Engineering Ltd.,

Consumer Product Division,

Plot No.1566/781,Rudrapaur,N.H-5,

Near Highway Honda,PO:Pahal,

Bhubaneswar.

 

3.        AZ Refrigeration

Authorised Service Centre,

Lloyd Electric & Engineering Limited,

At:Satichoura Chack,PO:Chandinichowk,

Dist:Cuttack.

 

4.        The Managing Director cum Chairman,

Lloyd Electric & Engineering Ltd.,

Plot No.2, Industrial Area,

Kalkaji,New Delhi-110019.                                                                  … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member.

 

Date of filing:   10.08.2017

Date of Order:  19.12.2017

 

 

For the Complainant:                    Sri B.P.Bal,Advocate & Associates.

For the O.P No.1:                                 None.

For the O.Ps.2,3 & 4               :     Sri S.K.Mohanty,Advocate & Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

 

The case of the complainant is deficiency in service against O.Ps.

1. Shortly the case is that the complainant purchased a Fully Automatic Top Loading Washing machine vide Model No.LWDD 7OUV from O.P No.1 on 13.09.2015.(Annexure-1).  The said washing machine was with 24 months warranty from the date of purchase. (Annexure-2).  The said machine gave some problem after one year of its use.  The mater was brought to notice of O.P No.1 and the machine was verified by O.P No.3. On 23.09.3016 O.P No.2 replaced the said washing machine with a new one vide Model No.LWDD80UV and the complainant  also paid the differential amount of Rs.6000/-for the upgraded model.  O.P No.2 issued a new invoice vide No.1856004088 dt.23.09.2016 for Rs.28,990/- and also issued a fresh warranty card.(Annexure-3).  On 06.06.2017 the new machine stop functioning and a complaint was lodged by the complainant before O.P No.3.  The mechanic of O.P No.3 verified the machine and intimated that the drum is not functioning and a complaint was lodged with O.P No.4 by O.P No.3 for replacement of the drum.    The complainant requested O.P No.3 to replace the said machine with a new one of best model to which O.P No.3 refused.  The said defective machine is still lying dead with the complainant.  The complainant issued a legal notice on the O.ps to refund the cost of the machine amounting to Rs.28,990/- and pay compensation of Rs.25,000/-(Annexure-4) but it yielded no result.  O.Ps have received the notice (tracking report vide annexure-5) but kept quite.  The complainant purchased a new machine to meet his requirements.  Finding no other way the complainant has filed this case before this Hon’ble Forum.  He has prayed to direct the O.Ps to refund a sum of Rs.28,990/- towards cost of the machine along with interest @ 12% per annum from the date of purchase till date of refund and also to pay a sum of Rs.50,000/- as compensation towards mental agony,harrassmentand cost of litigation.
2. O.Ps 2,3 & 4 vide their written version dt.10.11.2017 have intimated that the complainant purchased a washing machine on 13.09.2015.  After one year the complainant lodged a complaint and demanded replacement of under warranty.  The warranty terms and conditions assures to repair the washing machine free of cost within its warranty period, subject to other terms and conditions of warranty and never assures replacement of entire product.  However, the complainant expressed his desire for replacement of the washing machine with another high end model and agreed to pay the differential amount for the same.  Keeping in view the goodwill of the company and to protect interest of a valued consumer, the alleged washing machine was replaced with another high model basing on the complaint dt 23.09.2016.  Thereafter 1^st complaint was lodged on 01.03.2017 for the subsequent machine and a technician was deputed on the same day to provide service but the complainant did not give appointment.  On 12.06.2017 the 2^nd complaint was lodged and on inspection it was detected that a miror component namely “Inverter PCB” needs replacement.  But the complainant expressed his strong desire for replacement of the machine on apprehension of manufacturing defect and denied to avail warranty services offered through authorized service centre.  The complainant has not produced any proof/experts opinion regarding the manufacturing defect of the machine.
3. We have gone through the case records in details and heard the advocates from both the sides at length.  We have observed that the complainant purchased a washing machine (Model LWDD70LLOYD) from O.P.1 for a price f Rs.23,000/- on 23.09.20-15.  The machine developed some problem for which the said machine was replaced with a higher model LLWDD80UV on 23.09.2016 for a price of Rs.28,990/-. The complainant paid the differential cost.  Since it was not established /recorded anywhere that the 1^st machine was with some manufacturing defect and the complainant has also not produced any such record, we conclude it as a good gesture of the O.Ps.  The 2^nd machine also gave some problem on 06.06.2017 for which the complainant wanted to exchange the same alleging manufacturing defect.    On 14.07.2017 the complainant issued legal notice on the O.ps and the O.Ps did not respond.  The complainant has not produced any material evidence/expert opinion to prove the manufacturing defect of the machine.  The Hon’ble Supreme court in the case of “Maruti Udyog Ltd. Vrs. Susheel Kumar Gabagotra” has held vide Civil Appeal No.3734 of 2000 dt.29.03.2006 that “warranty conditions clearly refer to replacement of defective part and not of car”. (2006 AIR 1681(SC).  In the present case the warranty clause clearly says that repair or replacement of any parts other than rubber and plastic parts free of charge for a period of 24 months from the date of invoice/bill.  In our view, the complainant, on whom the burden to prove the manufacturing defect   rested heavily has not been able to discharge the same satisfactorily.  But at the same time the O.Ps have failed to reply to the legal notice of the complainant and also failed to clarify the complainant  regarding the situation. 
4. Basing on the facts and circumstances, we conclude that the complainant has failed to establish manufacturing defect of the said machine.  But the O.Ps have also failed to respond the complainant even after getting a legal notice.

ORDER

The O.Ps will ensure repair and proper functioning of the machine free of cost for a further period of one and half year from the date of handing over the machine to the complainant after such repair.  O.Ps will also pay a sum of Rs.6000/- to the complainant as compensation towards mental agony.  No further order towards cost of litigation.  The above order shall be carried out within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter under this Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 19^th day of December,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                          Member.

                                                        

                                                                                                 (  Sri D.C.Barik )

                                                                                                      President.

                                                                                                 (Smt. Sarmistha Nath) 

                                                                                            Member(W).