Date of filing: 28/01/2022
Date of Judgment: 09/01/2023
Mrs. Sashi Kala Basu, Hon’ble President.
This complaint is filed by the complainant namely Pallavi Majumder U/s. 34/35 of Consumer Protection Act, 2019 against the opposite party (referred as O.P. hereinafter) namely Evox, alleging deficiency in rendering of service.
Case of the complainant in short is that she being physically challenged purchased a Power Wheel Chair, Model No. 101 from the O.P. on 28/10/2020 at a price of Rs. 43,750/- but immediately after purchase of the said wheel chair, it started giving problem. One nut of left wheel automatically came out which was tightened through a local qualified technician as per the instruction of the service engineer from Punjab through video call. The speed automatically became slower after continuing running of 4/5 minutes. In such a condition only after giving much force by a vertical of joy stick the speed increases only for about 10% which is not feasible. The speed also gets automatically increase after resting for 1/2 minutes. Due to these problems, complainant was close to an accident. Those problems are creating life risk. Complainant lodged the complaint with the O.P. / customer service and in spite of service engineer being sent, there was no solution. He could not detect the reason behind such problem. Subsequently O.P. asked the complainant to send the wheel chair at their Office in Punjab without realising that how a physically challenged person and working woman who was totally depending on the wheel chair, could stay for so many days without wheel chair. The product is a faulty product. Complainant requested the customer service to replace the faulty parts at her location but of no use as the customer service was not responding to the complainant. So complainant even agreed to send the Power Wheel Chair to Punjab for servicing and confirm the same via e-mail. But thereafter O.P. withdrew the idea of servicing the wheel chair even at their place. The customer service had only replaced the battery on testing the wheel chair in question but the battery is not getting charge properly for functioning. The speed of the subject wheel chair in the speedometer is showing 4 Kms./hr. and maximum 5 Kms./hr. and not 6 Kms./hr. as per the document of the O.P. So since in spite of repeated mails sent to the O.P. they did not provide any solution, being harassed, present complaint has been filed by the complainant praying for either to replace the faulty parts after detection or replace the entire wheel chair with a new one, and to pay compensation for the harassment.
On perusal of record it appears that notice was sent to the O.P. but in spite of its service, no step was taken by O.P. Neither any written version is filed. So the case has been heard exparte.
During the course of the hearing, complainant has filed affidavit in chief along with document relied upon by her and ultimately argument has been advanced by the Ld. Advocate appearing for the complainant.
Only point requires determination:-
- Whether the complainant is entitled to the relief as prayed for?
DECISION WITH REASON
In support of her claim that she is totally wheel chair bound person, complainant has filed a disability certificate issued by the Handicap Board wherefrom it appears complainant has disabilities of 90%. She has also filed the purchase invoice dated 20/10/2020 showing she purchased Evox Power Wheel Chair, (Model No. W.C. 101) electrical battery operated for disabled person on payment of consideration price of Rs. 43,750/-. It also appears from the after sale service card that warrantee of the product was for one year for motor controller and frame and during that warrantee period the free-maintenance was to be given. It also indicates providing of door to door maintenance on payment of service fee according to the distance. So as per the said service card, it is evident that O.P. was to provide the maintenance of the subject wheel chair for one year free of cost especially those parts specified therein and also was liable to provide maintenance door to door i.e. even at the customer’s residence. Number of mails exchanged between the parties reveal that within few months of purchase of the product, complainant complained of the wheel chair giving problem to her with the customer service of the O.P. The complainant has specifically stated in her mail dated 02/08/2021 that multiple problems started with the wheel chair within 4/5 months of the purchase. These mails also indicate that on visit by the service engineer of the service centre, he did find the fault in the wheel chair as it is evident from the mail dated 24/08/2021 that their service engineer visited twice and replaced spare parts, but still the complainant was facing issues with the wheel chair. Said Mail reveals that O.P. wanted the complainant to send the wheel chair to Punjab in their main office for its repairing. The complainant initially raised objection stating that it was difficult for her to be without wheel chair. However subsequently she agreed to accommodate with the O.P. for getting her wheel chair properly repaired and agreed to send it for 7/10 days. But it appears in spite of her being agreed at the risk of not using wheel chair even though she being totally wheel chair bound working woman, mails indicates ultimately customer service centre / O.P. did not collect the wheel chair stating that her problem has been solved as parts were replaced and joy stick is working fine. It is strange that the O.P. who initially wanted wheel chair to be sent as there was fault subsequently found it resolved as communicated vide mail dated 09/09/2021 without doing any further repair / service.
So apparently there has been deficiency in service on the part of the O.P. O.P. cannot compel the complainant to use the faulty wheel chair to put her life at risk. Complainant has also claimed that due to said faulty wheel chair she was close to an accident cannot be ruled out. So complainant is entitled for replacement of subject wheel chair with a new one and also entitled to compensation for harrasment and mental agony suffered by her.
Hence
ORDERED
CC/54/2022 is allowed exparte. O.P. is directed to replace the subject wheel chair within 60 days from this date with a new one. O.P. will deliver the new wheel chair to the complainant with a warrantee of one year as per their policy. O.P. is further directed to pay compensation of Rs. 40,000/- to the complainant and also litigation cost of Rs. 10,000/- within the aforesaid period of 60 days in default of payment, the amount shall carry interest @ 8% p.a. till realization.
