Orissa

Cuttak

CC/48/2017

Srikanta Pradhan - Complainant(s)

Versus

M/s Godrej & Boyce Manufacturing CO Ltd - Opp.Party(s)

L Pradhan

24 Jan 2020

ORDER

                IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

 

C.C No.48/2017

 

Srikanta Pradhan,

S/O: Late Natabar Pradhan,

Res. of Plot No.5F/367,Sector-9,

C.D.A,P.S:Markatnagar,

Town/Dist:Cuttack.                                                                                     … Complainant.

 

                Vrs.

 

 

 

1.        M/s. Godrej & Boyce Manufacturing Co. Ltd.,

Represented through pits Regional Manager,

Orissa Region, Having its

Regional office at Plot No.181-183,Rasulgarh,Kalarput,

National HIgh Way,Bhubaneswar,

Dist:Khurda.

 

2.        M/s. Gupta Distributors, Authorized Dealer,

M/s. Godrej Boyce for Cuttack Town,

At:Buxi Bazar,Cuttack-753001.                                                              … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   15.04.2017

Date of Order: 24.1.2020

 

For the complainant                :    Mr. L.Pradhan,Adv. & Associates.

For the  Opp.Party  No.1         :    Mr. B.K.Sahu(A/R).

For the Opp. Party No.2                          : None.

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case alleging deficiency in service on the part of the O.Ps and sought for appropriate relief against them in terms of his prayer in the consumer complaint.

1. Facts of the consumer complaint stated in brief are that the complainant had purchased a Godrej refrigerator 185 ltr. ZOP 1958 from the O.P No.2 on payment of consideration of Rs.9,300/- on 18.4.2007.  The photo copy of the money receipt dt.18.4.17 has been filed and marked as Annexure-1.  There was a provision for 10 years rust protection plan provided to the customer under the warranty.  This warranty is to protect the refrigerator from the problem of rust.  Photo copy of the warranty card has pbeen filed in this case and marked as Annexure-2.  The complainant has been making personal use of the said refrigerator after purchase without any problem but subsequently the body of the said refrigerator developed rust.  It was within the warranty period and as such a complaint was lodged to the customer service centre on 7.9.2015 through his mobile phone No.9937126254 and land phone no.0671-231271.  After receipt of the complaint one Mr. Cipu, the authorized mechanic of O.P.2 had visited the house of the complainant on 8.9.15 and found that the body of the refrigerator had developed rust, he after verification assured the complainant to take necessary step to paint or replace the body of the refrigerator.  The photo copy of the job card dt.8.9.15 has been filed and marked as Annexure-3.

It is pertinent to mention here that since 8.9.15 the complainant has been sending intimation to O.P.2 over phone on various dates for the same purpose but of no avail.More specifically it is stated that the complainant has approached the O.Ps since 8.9.15 over his mobile phoneon 8.11.15,27.12.15,16.3.16,21.8.16,15.10.16,22.12.16,20.1.17 and lastly on 28.3.17 but the O.Ps has been avoiding to do the nepedful by taking one plea or other.

This dilatory tactics of the O.P has put the complainant to serious mental agony and harassment.It is a clear case of deficiency in service attributed to them, as such it is prayed that the O.Ps may be directed to repair or replace the body of the refrigerator or to pay the cost of the refrigeragor,to pay a compensation of Rs.15,000/- together with litigation cost to him pin the interest of justice.

2. O.P. Nol1 has filed written version and contested the case one Bijay Kumar Sahu, the Asst. Manager(Administration) of O.P.1 has been authorized to conduct the case before this Forum.  O.P No.2 has been set exparte.

The O.P No.1 in his written version has admitted the fact that the main door of the body of the refrigerator of the complainant has developed rust and it was within the warranty period.At the same time it is stated that the complainant has sent complaint to the O.P.1 on 3.6.15,6.9.15 and 29.9.15 over phone for his allegation of rusting of main door of refrigerator and the customer was suggested to send the said refrigerator immediately to O.P.2 for repair.It is specifically stated that even after sending such suggestion, the complainant did not do anything for which there was delay.Even at this stage it is stated that the O.P.1 is ready to repair the affected portion of the body of the refrigerator, if it is brought to the authorized dealer.

It is further stated that the complainant has filed this case with oblique motive to get illegal gain by making such allegations.It is therefore prayed that the complainant be directed to bring the said refrigerator to the O.Ps for repairing of the same free of cost.

3. We have heard the learned counsels from both the sides and gone through the case records.  It is an admitted fact that the complainant has sent complaint about the rusting of the body of his refrigerator to the O.Ps a number of times over phone.  Although the O.P has taken the stand that reply has been given to the complainant over phone that the suggestion for repair of the main door of the body of the refrigerator can be undertaken if it is produced before O.P.2 for the purpose.  This fact is not admitted by the complainant anywhere in his averments.  There is also not a single scrap of paper filed by the O.Ps in support of their contention.  There was long delay for more than 2 years in complying with the complainant’s request.

In view of the above, it can be held that there was gross deficiency in service on the part of O.P.1.It is also a fact that the O.P.1 is still ready to fully repair the said refrigerator, if it is brought to the service centre of O.P.1.Hence ordered;

                                                            ORDER

The case of the complainant is allowed on contest against O.P.1 and exparte against O.P.2.But in the facts and circumstances of the case, the complainant is directed to produce his refrigerator No.ZOP 1958 to O.P.2 and the O.P No.2 as per the warranty, would properly repair the said refrigerator free of cost.Added to it, the O.P.1 is directed to pay compensation of Rs.5000/- and litigation cost of Rs.3000/- to the complainant in the interest of justice.

This order shall take effect within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 24^th day of January,2020  under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                     President.

                                                             

 

(Smt. Sarmistha Nath)

                                                                                                                       Member(W)