DATE OF FILING                    :     09-04-2014.

DATE OF S/R                            :      15-07-2014.

DATE OF FINAL ORDER      :     16-12-2014.

Smt. Suparna Sengupta,

wife of  Tuhin Sengupta,

residing at 187/6, Shibpur Road, P.S. Shibpur,

District  Howrah,

PIN  711 102. …………………………………………………………..……Complainant.

• Versus -

   

  Whirlpool of India Limited,

  represented by its BSM, Kolkata Branch,

  Mr. Arup Mazumdar,

  of Santiniketan Building ( 11^th floor ),

  8, Camac Street, Room No. 1A,

  Kolkata  700 017,

  Registered office at A-4, MIDC, Ranjangaon, Taluka, Shirur,

  District  Pune,

  Maharastra 419204.  …………………………………………………OPPOSITE PARTY.

   

                                                  P    R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member      :      Shri P.K. Chatterjee.

  Member       :     Smt. Jhumki Saha.

                           

                                                   F  I   N   A    L       O   R   D    E     R

   

  1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. to replace the defective refrigerator by a new one and to pay compensation to the tune of Rs. 70,000/- and litigation costs of Rs. 30,000/- as the refrigerator, Whirlpool 310L DLX, Model no. 11336, purchased on 19-09-2008 turned defective and in spite of replacement of such parts by the o.p. company on payment of Rs. 2,835/- did not function properly and again developed defect on 21-10-2011 and repaired on payment of Rs. 1,045/- and subsequently further repaired on 22-05-2012 on payment of Rs. 1,335/-. Subsequently the machine further developed trouble on 22-11-2012 and the complainant had to pay Rs. 395/- as repairment charge. As the machine developed further problem on 11-12-2013, the complainant has filed this complaint for redressal.
• 2. The o.p. in his written version challenged the maintainability of the instant complaint as the warranty period has already expired and so the complaint should be dismissed.

3.        Upon pleadings of both parties two points arose for determination :

i)          Whether the complaint is maintainable?

2. Whether the complainant isentitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

POINT No. 1

4. On scrutiny of the papers it appears that the Whirlpool Refrigerator was purchased on 19-09-2008. Palpably the warranty period expired within lapse of one year. The complaint was filed on 09-04-2014.Therefore, we are of the view that with the expiry of the warranty period the instant complaint is not maintainable and is liable to be dismissed.

POINT No. 2

5. In view of the above observation, we are of the view that the merit of the complaint does not require any elaboration, as it is not maintainable.The point is accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 197 of 2014 ( HDF 197 of 2014 )  be  and the same is dismissed on contest as against the o.p. but in view of the circumstances without costs.       

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F., Howrah.