| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No. 311 of 17-10-2023 Decided on : 03-04-2024 Milan Setia aged about 39 years S/o Parminder Kumar R/o House No.228, North Estate Colonym District Bathinda, power of attorney holder of Parminder Kumar S/o Mathura Dass Setia. ........Complainant Versus IFB Nodal office, IFB Industries Limited Home Appliances Division, L1 Verna Electronic City, vemaSalcete, GOA INDIA Through its authorized person. IFB Head Office, Plot no Ind 5, phase No 1, East Kolkata Township, Kolkata Near Ruby General Hospital Through its authorized person. IFB Service centre, Opposite Narang Hospital,Near Bibi Road Bathinda, Punjab Through its authorized person.
.......Opposite parties Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Smt. Priti Malhotra, President Smt. Sharda Attri, Member Present : For the complainant : Sh.Deepak Sehgal, Advocate. For opposite parties : Sh.Chander Mohan, counsel for opposite party Nos.1 and 2. Opposite party No.3 ex-parte. ORDER Priti Malhotra, President The complainant Milan Setia power of attorney holder of Parminder Kumar S/o Mathura Dass Setia (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against IFB Nodal office and others (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that on 18.12.2015, he purchased IFB Refrigerator model No.RFFT526EDWDLS, Gross Volume 526 litres from M/S V.K Marketing for Rs.38,500/- vide bill No.2186 dated 18.12.2015. It is alleged that on 25.7.2023, the complainant found that the refrigerator door is not closing properly due to problem of the door and its screen showed the LC (Lower cooling) error. Due to door and lower cooling problem, the article placed in the refrigerator are used to spoiled. On 27.7.2023, he contacted the customer care of IFB on its No.08045845678 and registered his complaint of refrigerator and company registered the complaint with ticket No.1011942957. Thereafter on 28.7.2023, the official/engineer of the company namely Surinder Mob No.94633-77002 visited at the residence of the complainant and inspected the refrigerator. After inspection, he told that the door of the refrigerator has stopped working and due to this, it fails to maintain the temperature and its screen showed LC (Lower Cooling) error and door of refrigerator can not be repaired and its door needs to be changed. It is alleged that on dated 29.7.2023, one Ajay Singh (Ludhiana) from IFB company has made call the complainant from his mobile No.9115505034 and told that the IFB company closed the manufacturing of IFB refrigerator. He further told that they do not have any spare parts of IFB refrigerator. On 31.7.2023, the complainant made call to Ajay singh on mobile No.9115505034 and requested Ajay singh please repair or replace the door of refrigerator, he again told that IFB company has closed the manufacturing of IFB refrigerator and they do not have any spare parts of IFB refrigerator and he disconnected the phone of the complainant. The IFB company failed to resolve the complaint of the complainant till date. It is further alleged that thereafter the complainant tried to find the door of refrigerator, but due to non-production by the company, he could not arrange the door. The refrigerator has stopped working due to defective door. As per Indian law, a company has to provide its spare parts even if it has closed its production and IFB company also gives the gaurantee to provide the spare parts of the product upto 10 years from the date of purchase that is also mentioned on the products of IFB company. It is further alleged that the complainant number of times approached opposite parties and tries to explain the facts, but everytime they denied his genuine claim. On 9.8.2023 counsel of the complainant got served legal notice to opposite parties through register post and requested them to do needful, but they did not bother the matter. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to change the door of IFB refrigerator or refund him Rs.38,500/- and to pay Rs.50,000/- as compensation or Rs.11,000/- as litigation expenses. Upon notice, opposite party Nos.1 and 2 appeared through counsel and contested the complaint by filing written version and raising the preliminary objections that the complaint is time barred and lacks maintainability. The refrigerator was sold on 18.12.2015, and complaint lodged on or around 17.10.2023, approximately 8 years later. According to Section 69 of the 'Act', the time limit for filing a complaint is two years. Consequently, the complaint filed after 8 years, is significantly time barred and is susceptible to dismissal, irrespective of any other grounds stated in the written statement. The complainant lacks locus-standi to bring forth the complaint. He has neither remitted any consideration amount to opposite parties nor has there been an agreement to pay such an amount in the future. Additionally, he does not fall under the category of a 'consumer' of opposite party Nos.1 and 2 and there are no contractual terms governing the relationship between the parties. The complainant has not approached this Commission with clean hands and he has concealed the material facts in the complaint. The complaint is liable to be dismissed being false, vexatious, frivolous, and baseless. The complaint has been filed with ulterior motive and malafide intention to cause harassment and prejudice to opposite parties. The complainant has filed the complaint just to extract money without cause or valid reason. Further preliminary objections are that the complainant had prayed for replacement or refund of the price, interest thereupon and compensation etc. His prayer is beyond the warranty terms. The manufacturer of the product had extended limited warranty terms over the product to the complainant. While entertaining and adjudiicating the complaint under the provisions of time-bound summary procedure, this Commission is not vested with powers to go beyond the agreed terms and conditions accepted by the parties. As such, this complaint is not maintainable and is liable to be dismissed. The complainant has not suffered from any of the losses for which he is praying for the compensation and or mental agony etc. The appliance is being utilized by the complainant regularly from the date of purchase of the appliance. The product purchased by the complainant is of the limited warranty terms extended by the manufacturer, warranty terms extended by opposite party Nos.1 and 2 and concealed by the complainant is appended. It is further pleaded that the complainant has filed this baseless complaint alleging problems in the appliance without having produced any expert opinion/documentary proof in the form of evidence to prove that the subject appliance suffers from the problems or to establish any manufacturing defect in the appliance. On merits, opposite party No.1 and 2 have controverted all other averments of the complainant and reiterated their version as taken in the preliminary objection as detailed above and prayed for dismissal of complaint. Upon notice, none appeared on behalf of opposite party No.3. As such, ex-parte proceedings were taken against it In support of her complaint, the complainant has tendered into evidence his affidavit dated 13.10.2023, (Ex.C5) and documents, (Ex.C1 to Ex.C4 and Ex.C6 to Ex.C8). In order to rebut the evidence of complainant, the opposite parties No. 1 and 2 have tendered into evidence affidavit of Anil Kumar Johri dated 22.11.2023, (Ex.OP1/1) and document, (Ex.OP1/2). We have heard learned counsel for the parties and gone through the file carefully. Learned counsel for parties have reiterated their stand as taken in their respective pleadings as detailed above. We have given careful consideration to these submissions. It is not disputed that the complainant has purchased IFB refrigerator from M/S V.K Marketing for Rs.38,500/- vide bill No.2186 dated 18.12.2015, (Ex.C1). It is contended by counsel for the complainant that in the year 2023, the refrigerator had problems relating to door and its screen started showing LC (Lower cooling) error. As per the complainant, the complainant lodged complaints with opposite parties vide Ex.C2, but their engineer told that the company does not have any spare parts of IFB refrigerator. The complainant had purchased the refrigerator on 18.12.2015 and defect occurred in it firstly on 27.7.2023 as per Ex.C2 and due to non-availability of spare parts, the refrigerator could not be repaired. We are of the considered opinion that the company should provide the spare parts in the market to its customers as a goodwill gesture for atleast 10 years, but opposite parties failed to do so. Therefore, there is unfair trade practice and deficiency in services on their part. The complainant has used the refrigerator almost 8 years without any fault in it, as such, he is not liable to get the full price value of the refrigerator. Of-course, opposite parties resorted unfair trade practice and rendered deficient service in not retaining/providing the spare parts of the refrigerator, production of which has been stopped, therefore, they are liable to refund the depreciated cost of the refrigerator, which considering the factual position, we quantify the amount to the tune of Rs.10,000/- and Rs.7000/- on account of unfair trade practice and deficiency in service. Accordingly, present complaint is partly allowed with Rs.10,000/- as cost and compensation against opposite parties. Opposite parties are directed to pay Rs.10,000/- (quantify amount) and Rs.7000/- on account of deficiency in service to the complainant. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced 03-04-2024 (Priti Malhotra) (Sharda Attri) President Member
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