- Md. Yakub alias Yaqub Shahul Hameed Ally,
6C, Sun Yet Sen Street,
P.S. Bowbazar, Kolkata-12 _________ Complainant
____Versus____
- Whirlpool of India Ltd.
8, Shantiniketan Building, Camac Street,
P.S. Shakespeare Sarani, Kolkata-17 and
Whirlpool House, Plot No.40, Sector 44,
Gurgaon – 122002. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 25 Dated 16/03/2015
The case of the complainant in short is that on 19.1.08 complainant has purchased a Whirlpool make semi automatic washing machine model Sparkle bearing serial no.INB 074903925, model no.10428 on payment of Rs.7600/- in cash from East India Trading Co.,14/1B, Ezra Street, Kolkata-1. A photocopy of the relevant document has been annexed by complainant as annex-A, with the petition of complaint. Complainant made a service contract for 4 years from 19.1.08 to 19.1.12 on payment of Rs.1200/- to the authorized representative of o.p. while said machine covered by manufacturer’s warranty of 2 years from the date of aforesaid purchase. Complainant further stated on 15.1.11 approached to o.p. and entered into an another service contract through Whirlpool Home Care Plan and paid a further amount of Rs.2589/- under application cum receipt no.217402 to the authorized representative of o.p. for total care hassle free service of the machine from 21.1.12 to 19.1.14. A photocopy of the said application form cum receipt has been annexed by complainant with the petition of complaint and marked with letter ‘C’. Thereafter, complainant made another contract with the authorized service provider of o.p. company after payment of Rs.300/- under their receipt no.14702 dt.4.10.12 and Rs.1560/- vide receipt no.15837 dt.15.1.11 and lastly Rs.960/- vide receipt no.21776 dt.23.3.12 when the service contract of the complainant was not to be charged for any amount of servicing and replacement of the parts during subsistence and annual maintenance contract (AMC). Photocopies of such receipts have been annexed by complainant with the petition of complainant and marked with letter ‘D’ collectively. Complainant stated that during May 2012 the said machine stopped functioning. Then complainant lodged a complaint bearing no.KL0512006471 dt.9.5.12. The said complaint was forwarded to one Sudip Mondal to attend the machine and after inspecting the same he promised to return back and repairs the same immediately. But unfortunately complainant stated that no one from o.p. attended the said machine thereafter. Again on the next day i.e. on 10.5.12 complainant lodged another complaint no.KL0512007171. Complainant further stated that after a long persuasion with o.p. he has failed to obtain any service from o.p. company in spite of having AMC as aforesaid in respect of the machine and ultimately due to negligence of o.p. he cannot use the machine at home. Upon such condition complainant found no other alternative but to file the instant case before this Forum for adjudication in respect of redressal towards deficiency of service to him by o.p. company being service provider.
O.p. appeared in this case by filing w/v and contested the case. O.p. during his submissions prayed for dismissal of the case since they have denied all the allegations made against them.
Decision with reasons:
Upon considering the submissions of the parties and on careful scrutiny of the entire materials on record, we find that o.p. had made deficiency of service to the complainant in spite of valid warranty and AMC of the machine in question with o.p. company since they have failed to repair and/or replace the machine in question in spite of repeated complaints by complainant to o.p. as stated hereinabove for which he has to face a lot of defects and harassed like anything by o.p. company. Hence, we hold that complainant has substantiated his case and is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to replace the defective washing machine in question or refund a sum of Rs.7600/- (Rupees seven thousand six hundred) only being the cost of the washing machine in question and is also directed to refund Rs.1200/- (Rupees one thousand two hundred) only and Rs.2820/- (Rupees two thousand eight hundred twenty) only in respect of AMC already deposited by complainant to o.p. and is also directed to pay to the complainant compensation of Rs.4000/- (Rupees four thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 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 washing machine in question to o.p. with his own cost within 15 days after realization of the aforesaid awarded sum, if it is still within the custody of the complainant.
Supply certified copy of this order to the parties free of cost.
