DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.212 of 16-05-2013

Decided on 08-11-2013

Dr.Tarsem Garg aged about 40 years S/o Harbans Lal R/o House No.29317, St.No.6, Janta Nagar, Bathinda.

........Complainant

Versus

1.IFB Industrial Limited, Regd Office: 14 Taratolla Road, Kolkata-700088, through its Managing Director.

2.Ess Gee Enterprises, Office: 4927A, Dhobi Bazar, Bathinda, through its Proprietor/Partner.

3.IFB Customer Care Centre, 100 feet Road, Near Easy Day, Bathinda, through its Manager/Proprietor/Partner.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.Sushil Kumar, counsel for the complainant.

For Opposite parties: Sh.S.M Goyal, counsel for opposite party No.1.

Sh.J.D Nayyar, counsel for opposite party No.2.

Opposite party No.3 ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act') by the complainant. The brief facts of the complaint are that the complainant has purchased a convection microwave oven, model 3.OSC2, serial No.000432, manufactured by the opposite party No.1, from the opposite party No.2 on 3.11.2010 for Rs.11,800/- paid in cash vide retail invoice No.0625 dated 3.11.2010 with one year warranty from the date of its purchase and got extended the warranty period of the abovesaid microwave oven from 5.11.2011 to 4.11.2013 by paying the requisite amount of Rs.2206/- to the opposite party No.3. On 29.3.2013 the abovesaid microwave oven stopped working, the complainant lodged a complaint with the opposite party No.3 on phone No.2211300, it attended the abovesaid microwave oven and informed the complainant that some spares parts are required to be repaired and the same are not available with it and promised him to come again to repair the same. On 11.4.2013, the officials of the opposite party No.3 visited the house of the complainant to repair the abovesaid microwave oven, but due to their negligence, there was spark in the abovesaid microwave oven and they informed the complainant that the transformer has burnt and assured him to repair the abovesaid microwave oven at the earliest but since then they have not repaired the same despite lodging many complaints. The complainant has repeatedly requested the officials of the opposite party No.3 being the service centre of the opposite party No.1 to repair the abovesaid microwave oven as it was within the warranty period but to no avail. The complainant lodged the complaint No.10753115 dated 4.5.2013 with the opposite party No.3 but nothing has been done and he is running from pillar to post but nothing has been done by the opposite parties. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to replace the abovesaid defective microwave oven with new one with same model or to give any other additional or alternative relief alongwith cost and compensation.

2. Registered notice was sent to the opposite party No.1 on 20.6.2013 vide receipt No.A RP262523665IN and the opposite party No.1 after appearing before this Forum has filed its separate written statement and pleaded that the complainant has taken the delivery of the appliance in question, after pre-delivery inspection and entire satisfaction. The opposite party No.1 had extended one year limited warranty times to the complainant. There is no manufacturing defect in the appliance in question. The complainant has not placed any expert evidence as provided under section 13(1)(c). The technician of the opposite party No.3 has not visited the house of the complainant on 11.4.2013 as alleged by him. The appliance in question was working properly and there was no pending complaint for which the technician of the opposite party No.3 visited the house of the complainant. The allegations of sparking/burning of the transformer etc. are false and baseless. There is no part known as transformer in the appliance in question. The opposite party No.1 was not having any of the alleged pending complaint for which the complainant had given repeated reminders. On 14.5.2013, the opposite party No.1 received a complaint from the complainant about the problem in appliance in question, its technician visited the house of the complainant on the same day and on checking it was found that the food particles had choked the plate. The food particles assembled were cleaned and the abovesaid appliance was in working condition and its working was demonstrated to the complainant. The appliance in question has been used by the complainant for the last more than 3 years and is not suffering from any defect.

3. Notice by hand/dasti was sent to the opposite party No.2 on 14.6.2013 and the opposite party No.2 after appearing before this Forum has filed its separate written statement and pleaded that the complainant has purchased the abovesaid microwave oven with one year warranty after surveying the entire market and getting fully satisfied about the product purchased by him. The complainant has sought the AMC (Annual Maintenance Contract) for the next two years i.e. the matter is between the complainant and the opposite party Nos.1 and 3. The complainant never approached the opposite party No.2 after the purchase of the abovesaid microwave oven in question.

4. Notice by hand/dasti was sent to the opposite party No.3 and the same was received on 13.6.2013 by the opposite party No.3, but despite receiving the summons none appeared on behalf of the opposite party No.3 before this Forum, hence ex-parte proceedings are taken against the opposite party No.3.

5. The parties have led their evidence in support of their respective pleadings.

6. Arguments heard. The record alongwith written submissions submitted by the parties perused.

7. Admittedly, the complainant has purchased a convection microwave oven, model 3.OSC2, serial No.000432, manufactured by the opposite party No.1, from the opposite party No.2 on 3.11.2010 for Rs.11,800/- vide retail invoice No.0625 dated 3.11.2010 with one year warranty and got extended the warranty period from 5.11.2011 to 4.11.2013 by paying the requisite amount of Rs.2206/- to the opposite party No.3.

8. The complainant submitted that the abovesaid microwave oven became defective on 29.3.2013 as it stopped working. The complainant lodged a complaint with the opposite party No.3 on phone No.2211300, it attended the abovesaid microwave oven and informed him that some spares parts are required to repair in the abovesaid microwave oven which are not available with it. On 11.4.2013, the officials of the opposite party No.3 visited the house of the complainant to repair the abovesaid microwave oven, due to their negligence, there was spark in the abovesaid microwave oven and they informed the complainant that the transformer has burnt and assured to repair the same at the earliest but since then they have not repaired the abovesaid microwave oven despite lodging the various complaints. The complainant has also lodged the complaint No.10753115 dated 4.5.2013 with the opposite party No.3 but the opposite party No.3 has failed to repair the abovesaid microwave oven in question.

9. The opposite party No.1 admitted the fact that the microwave oven in question has been manufactured by it and limited warranty has been given on it. There is no manufacturing defect in the microwave oven in question as the complainant has not placed any expert evidence to show that there is any manufacturing defect in it. Moreover the complainant has used the abovesaid microwave oven for 3 years as he has purchased the said microwave oven on 3.11.2010 and has lodged the first complaint regarding the same on 29.3.2013.

On the other hand the opposite party No.1 submitted that the technician of the opposite party No.3 has not visited the house of the complainant on 11.4.2013 as alleged by him. The appliance in question was working properly and there was no pending complaint for which the technician of the opposite party No.3 visited the house of the complainant. On 14.5.2013, the opposite party No.1 received a complaint from the complainant about the problem in appliance in question, its technician visited the house of the complainant on the same day and on checking it was found that the food particles had choked the plate. The food particles assembled were cleaned and the abovesaid appliance was in working condition and its demonstration was given to the complainant. The complainant has used the appliance in question for more than 3 years and the same is not suffering from any defects.

10. The opposite party No.2 is the dealer from whom the complainant has purchased the abovesaid microwave oven. The submission of the opposite party No.2 is that the complainant never approached it after the purchase of the abovesaid microwave oven.

11. During the pendency of this complaint the opposite party No.1 has moved an application on dated 26.8.2013 to inspect the abovesaid microwave oven. The complainant has filed the reply to the application dated 26.8.2013. The application under section 13(1) of the 'Act' was allowed vide order dated 20.9.2013, vide this order the complainant was directed to bring the abovesaid microwave oven before this Forum for the inspection. Accordingly, the microwave oven in question was inspected by the expert Mr.Inder Pal Singh. The complainant was also given liberty to bring his expert at the time of inspection. He brought the electrician namely Sh.Vijay Kumar for the inspection to be done in his presence. Accordingly, the abovesaid microwave oven inspected before this Forum.

12. The opposite party No.1 has placed on file job sheet dated 3.10.2013, Ex.OP1/1, in this job sheet it has been particularly mentioned that 'door hook replaced; thermostat (New) provided'. The expert on the part of the complainant Sh.Vijay Kumar S/o Late Sh.Hari Ram submitted his inspection report. The relevant portion of his report is reproduced hereunder:-

“a) The condition of the said microwave:-

When the microwave was presented before the Hon'ble Forum, the microwave was fitted by only two screws and the remaining screws were lying open in the said microwave. The microwave was not in working condition at that time and it seems that the said microwave has not been used since long. When cover of microwave opened to inspect, some wires were already damaged due to heat.

b) Inspection/repair done by the opposite parties to get it in working condition

First of all door lever/jack of the said microwave was changed by the opposite parties and on further inspection they found that there was no thermostat in the said microwave, then they installed the thermostat in the microwave. After the installation of thermostat in the microwave, the opposite parties bring the said microwave in working condition which was checked by the undersigned/electrician. The replacement of door lever, repair and installation of the thermostat in the microwave was completed in the presence of the electricians of both the parties.

4) That it is required in the interest of justice that the report of the electrician of the complainant may be brought on file.”

The expert on behalf of the complainant has also furnished his affidavit to support his report, whereas the opposite party No.1 has given only a job sheet of the inspection. There is no inspection report of the expert Mr.Inder Pal Singh or his affidavit on the file.

13. The defects regarding the door hook and thermostat are admitted by the opposite party No.1. The opposite party No.1 was well aware of these defects as at the time of inspection of the abovesaid microwave oven in this Forum, the electrician/expert of the opposite party No.1 has brought these two things alongwith him, meaning thereby the opposite party No.1 was well aware of the fact that these problems are existing in the abovesaid microwave oven and was not intentionally providing the services to the abovesaid microwave oven. From the inspection report of Sh.Vijay Kumar, it reveals that the abovesaid microwave oven was fitted by only two screws and the remaining screws were lying open in it. Some wires of the abovesaid microwave oven were already damaged due to the heat and the same was not in working condition. There was no thermostat in the abovesaid microwave oven. The electrician/expert of the opposite party No.1 installed the thermostat in the abovesaid microwave oven. After installation of thermostat, the opposite parties brought the abovesaid microwave oven in working condition which was checked by the undersigned/electrician Sh.Vijay Kumar. The replacement of the door lever, repair and installation of the thermostat in the abovesaid microwave oven was completed in the presence of the electricians of both the parties.

14. Thus from the facts, circumstances and evidence placed on file it is proved that there were mainly two defects in the abovesaid microwave in question, one is regarding the lock (door hook) and other was regarding the thermostat. These two defects have been removed by the opposite parties before this Forum. There is no manufacturing defect in the abovesaid microwave oven as the defects has been removed during the pendency of this complaint before this Forum. The version of the complainant seems to be true that despite various requests, the opposite party No.1 has not rectified the defects although the defects were minor in nature yet the complainant has to suffer in the hands of the opposite parties.

15. Therefore in view of what has been discussed above this complaint is accepted with Rs.3500/- as cost and compensation against the opposite party No.1 for mental harassment and dismissed qua the opposite party Nos.2 and 3. As the abovesaid microwave oven in question is working properly after the replacement of two defective parts, so no direction regarding the microwave oven in question can be given.

16. The compliance of this order with regard to cost and compensation be done within 45 days from the date of receipt of the copy of this order.

17. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum

8-11-2013

(Vikramjit Kaur Soni)

President

(Amarjeet Paul)

Member

(Sukhwinder Kaur)

Member