In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.250 / 2012 . 1) Susmita Banerjee, 8, Tarak Pramanick Road, Kolkata-6, P.S. Girish Park. ----------- Complainant ---Versus--- 1) Videocon Industries Ltd., Eastern Regional Office at 39C, Harish Mukherjee Road, Kolkata-26, P.S. Bhowanipore. 2) Videocon Industries Ltd., Regd. Office at 14Km Stone, Aurangabad-Paithan Road, Chitegaon, Dist. Aurangabad-431105. 3) M/s Khosla Electronics Pvt. Ltd., 621, Jessore Road, Nagerbazar, Dumdum, Kolkata-28. 4) Videocon Service Centre, 44, Old Nimta Road, Near Railway Gate # 2, Belghoria, Kolkata-56. ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Order No. 8 Dated 25-03-2013. The case of the complainant in short is that complainant purchased a Videocon refrigerator (Frost-free) bearing model no.254MB from Khosla Electronics Pvt. Ltd. o.p. no.3 at a price of Rs.10,990/- on 16.7.11. The brand name of the said refrigerator is Videocon. The refrigerator was delivered vide tax invoice / cash memo no.NA/340 dt.16.7.11 and on the said date the installation of the refrigerator was made. It appears from warranty book (page 9) that the Videocon refrigerator comes with 1+4 years warranty from the date of purchase, that comprise of a 1 year warranty on all parts (except light bulb, consumables, loose plastic parts, glass) in the 1st year and thereafter a 4 year addition al warranty on the compressor, from the date of purchase of the product, provided always that the warranty card bears rubber stamp, date and signature of the authorized dealer on the date of purchase. Videocon refrigerator comes with 1+4 years warranty from the date of purchase. After a few days of the installation the said refrigerator the water leakage problem detected from the back side of the refrigerator though the refrigerator is frost-free. Complainant made a complain for servicing at company’s customer care no.1800 419 4040 and (033) 39404040 on 18.7.11. The complain no. was KOL1707110206 to be serviced by Malay Dey on company’s behalf. Accordingly the concerned person visited the complainant’s premises to repair the aforesaid problem of the refrigerator on the next day. But the said problem of the refrigerator could not be removed and the complainant made the 2nd complain for servicing bearing complain no.KOL2308110854 dt.23.8.11. This time Malay Dey, the same person came and did the repairing job but failed to repair the problem. After two weeks, the water leakage problem continued. The complain was made on 9.9.11 bearing no.KOL909110698. The company sent an engineer named Balai Dutta to repair the said problem from company’s workshop where the product was manufactured. He came on 12.10.11 and he informed the complainant that the manufacturing defect was detected which was irreparable and advised the complainant to contact the company to replace the said refrigerator with a new one. Complainant informed the company for replacement of the said Videocon refrigerator by sending e-mail message dt.2.10.11 and the company’s rely dt.3.10.11, e-mail dt.4.10.11, e-mail dt.3.10.11, reply dt.4.10.11, message and reply dt.8.10.11, 9.10.11, e-mail dt.9.10-.11, reply dt.10.10.11, complain dt.19.4.12, reply by customer service Deptt. Complaint dt.20.4.12, reply dt.21.4.12, complain dt.21.4.12 and reply dt.22.4.12. As the said refrigerator had the serious problem of water leakage and could not be repaired by their engineers, the company is deliberately avoiding to replace the refrigerator during warranty period. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.ps. did not contest this case by filing w/v and matter was heard ex parte against all o.ps. Decision with reasons: We have gone through the pleadings of the complainant, evidence and documents in particular and we find that complainant purchased Videocon refrigerator (Frost-free) being model no.254 BM from Khosla Electronics Pvt. Ltd. i.e. o.p. no.3 at a priced of Rs.10,990/- on 16.7.11 and brand name of the said refrigerator is Videocon and the same had 1+4 years warranty from the date of purchase and that comprises of an one year warranty of all parts (except light bulb, consumables, loose plastic parts, glass) in 1st years and thereafter a 4 year additional warranty was there on compressor from the date of purchase of the product. It appears from the record that the said refrigerator started water leakage problem a few days after installation of the same and complaint was lodged and concerned person visited the complainant’s premises to repair the problem on the next day, but the problem could not be removed and complainant made 2nd complaint on 23.8.11, but the company person failed to repair the same and on the basis of 3rd complaint on 9.9.11 the personnel of o.ps. came on 12.10.11 and informed the complainant that the manufacturing defect was detected and the same was irreparable and the technical person advised the complainant to make contact with the company to replace the refrigerator with a new one and thereafter despite several correspondences no fruitful result was brought forth. O.ps. did not contest this case and as such, the evidence adduced by complainant has remained unchallenged testimony and we have no reason to disbelieve the same. In view of the findings above and on perusal of the entire materials on record we find that the refrigerator had manufacturing defects and this act on the part of o.ps. amounts to deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed ex parte with cost against all o.ps. O.ps. are jointly and/or severally directed to refund the present sellable amount of the refrigerator having model no.254 BM and are further directed to pay to the complainant compensation of Rs. 15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is directed to return the old refrigerator to o.ps. after realization of the entire sum due to her credit from o.ps. within 15 days. Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
