The complainant also argued in his plaint that he repeatedly tried to draw attention of the O.P.s regarding this issue but all were in vein and finding no other alternative on 07.12.2017 the complainant sent legal notice which was duly served upon O.P. No2 on 08.12.2017 and during second week of the month of January, some technicians/ persons of O.P.s visited the complainant’s house to check up the said defective water heater/ geysers but again it was neither repaired nor replaced and during this visit technicians took sign of senior members without explaining anything when both the water heater/ geysers were showing specific “error” message which means temperature sensor was defective. The complainant also added that another third (3rd) water heater/ geyser was also showing defective temperature table, for which no complaint had so far been made and the proportionate value/ cost of the said 02 (two) water heater/ geysers comes to Rs. 17, 953/- (Rupees Seventeen Thousand Nine Hundred and Fifty Three) only including tax/vat 14.50%.
The prayers of complainant are as follows :
- To pass an order directing the O.P.s and to remove the defect or repair the said two geysers immediately and/ or replace the same with new forth with and/or returned the value of the same to the complainant together with interest @ 12% per annum from the date of filing this complaint till realization which is Rs. 17,953/- (Rupees Seventeen Thousand Nine Hundred and Fifty Three) only.
- To pass an order directing the O.P.s to pay Rs. 50, 000/- (Rupees Fifty Thousand) only as compensation/ damages to the complainant for harassment, mental agony, time loss and failing repair during winter season.
- Any other relief/ reliefs as the Ld. Commission deem fit and proper.
List of Documents filed by the complainant:
- Photocopy of Tax Invoice being invoice no.76. (1 page)
- Photocopy of 02 (two) no. of Guarantee letter dated 13.07.2016 in respect of Venus 015HD14110151700018 and 015HD14110151700021 Water heater/ Geysers. (2 page)
- Photocopy of complainant through E-mail dated 08.07.2017 by Soumen Saha. (2 pages)
- Photocopy of complainant through E-mail dated 26.09.2017 by Soumen Saha. (2 pages)
- Photocopy of Lawyer’s notice dated 07.12.2017 issued by K. N. Bhowmik (Advocate) to Madhusudan Dan, Prop. North Bengal Electronic Store. (1 page)
- Photocopy of postal receipt dated 07.12.2017 and track consignment dated 25.12.2017 showing delivery of the notice dated 08.12.2017. (2 pages)
Regarding this instant case, the Opposite Party- 2) Madhusudan Dan, North Bengal Electronic Store, 15 Sevoke Road, P.O. & P.S.: Siliguri, Dist.: Darjeling- 734001did not turn up before this Commission and as per the Order No. 06, dated 15.05.2018 the case runs ex- parte against O.P. No. 2. On behalf of the Opposite Party (O.P.)- 1) The Customer Care Cell, Venus Home Appliances (p) Ltd., 4/993 Kamaraj Street, Rajiv Gandhi Salai, (OMR), Perungudi Post, Kotti Vakkam, Chennai- 600096, Customer Care: 1860-425-5555 who contested the case by filing Written Version (W.V.) and as per his W.V.s the case is as follows.
The O.P. No.1 in his Written Version denied all allegations made by the complainant and also argued that, after almost 01 (one) year from the date of purchase, on 06.07.2017 the O.P. No.1 received the complaint regarding the malfunctioning of 04 (four) of the complainant and on 08.07.2017 on behalf of O.P. No.1 the technicians, namely M/S Kirrty, attended the complainant and found all 04 (four) geysers at a perfect working condition and also explained the reason of late coming of hot water after switching on the geyser through a demo to the complainant.
The O.P. No.1 also argued that after receiving the complaint dated 26.09.2017 from the complainant regarding non functioning of 02 (two) geysers he sent technicians from M/S Kirrty to look into the matter but technician was not allowed to enter the complainant’s house as the complainant was out of station. The O.P. No.1 also added in his W.V. that at the time of sale they provide a Guarantee Card with each geyser along with a User Manual and in the Guarantee Card it is clearly mentioned “Free repair or replacement at our option will be provided when the Water Heater is returned to our authorized Service Center with freight and cartage charge paid” but instead of it the O.P. No.1 provided free repair service at the complainant’s resident which was an example of sincerity in service delivered by the O.P. No.1. The O.P. No.1 also argued that on 08.12.2017 they received the lawyer’s notice and on 09.12.2017 technician from M/S Kirrty visited the residence of the complainant and found some problem on the circuit board and immediately rectified and replaced the same in one geyser but the technician failed to attend the second one as the door of the bathroom was locked. The O.P. No.1 also argued that it was admitted by the complainant that he was provided with residential repair service by the O.P.s specially the O.P. No.1 which was not at all duty of the O.P. No.1 which was scripted in the company’s manual and guarantee card.
List of documents filed by the O.P. No.1 are as follows :
- Photocopy of the Guarantee Card.
Having heard, the Ld. Advocate of both the side and on perusal of the Complaint, Written Version and documents filed by the parties the following points are taken to be decided by this Commission.
Points for consideration
1) Whether the complainant is a consumer?
2) Whether the case is maintainable under the CP act 2019?
3) Whether this Commission has its jurisdiction to decide this case?
4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?
Decision with reasons:-
All the points are taken up together for consideration and decision.
Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of both the parties in full length.
The complainant resides in the jurisdiction of Siliguri and the O.P. No.2 is also carrying his business in C-3/R, Bidhan Market, Siliguri - 734001, West Bengal. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consume Protection Act, 1986 and Consumer Protection Act- 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case.
At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.
As per evidence of the complainant it is very much clear that the said 02 (two) nos. of geysers found defective after repairing by O.P. No.1. So, it is the duty of the O.P.s to supply a product with a good condition because when a consumer always buys a product from a reputed company like Venus Home Appliances (p) Ltd. with an expectation for delivery of a good quality of product and service as well as better offerings from the company but in this instant case the company failed to provide a quality product and also failed to deliver his best services to his consumer. It is fact that the said 02 (two) nos. of geysers were under the coverage of guarantee period and in this context it was the duty of the O.P.s to deliver their best service to his consumer and this Commission has no doubt to hold that the O.P.s did not provide their best service to his consumer.
So, as per the above discussion it is very much clear that there was a deficiency of service from the part of O.P.s and this Commission has no doubt that there was a deficiency of services from the part of the O.P.s. In this instance case, the O.P.s are jointly and severally liable. The O.P.s are directed to refund the purchased amount of the said 02 (two) nos. of geysers with a simple interest @ 6% per annum from the date of purchase of the said 02 (two) nos. of geysers by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission. The O.P.s are entitled to get liberty to take back the said 02 (two) nos. of defective geysers with their own cost.
Hence, it is,
O R D E R E D
That the Consumer Case No. 11/2018 be and same is allowed in contest against the O.P. No. 1 The Customer Care Cell, Venus Home Appliances (p) Ltd. and ex-parte against O.P. No.2 Madhusudan Dan, North Bengal Electronic Store. In this instance case, the O.P.s are jointly and severally liable in this case.
The O.P.s are directed to refund the purchased amount of the said 02 (two) nos. of geysers with a simple interest @ 6% per annum from the date of purchase of the said 02 (two) nos. of geysers by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost from the O.P.s and the O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission within 30 (thirty) days from the date of this order. The O.P.s are entitled to get liberty to take back the said 02 (two) nos. of defective geysers with their own cost.
Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.
