PUNE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, PUNE
Complaint Case No. CC/15/313
Complainant is a resident of Shivaji Nagar, Pune – 411005. He had purchased a refrigerator on 05/07/2014 from the dealer of Samsung by making a payment of Rs.45,000/-. After a few months the handle of the refrigerator door and the vegetable tray were broken. The dealer had given an assurance of warranty for a period of ten years from the date of purchase. However, Complainant has alleged that the Opposite Parties are avoiding to repair the faulty material, free of cost. On these main grounds the Complainant knocked the doors of District Consumer Forum by filing a consumer complaint and prayed for replacement of model of refrigerator free of cost and free from any defects. Complainant also prayed for awarding an amount of Rs.2,00,000/- by way of compensation towards mental agony besides costs of the complaint.
Opposite party No.1 (Samsung) did not file its written version within the stipulated period. However, in the interest of justice the Opposite Party was allowed to participate in the proceedings and was permitted to
contest the consumer complaint only on law points on the principles of ‘doctrine of non-traverse’. The opposite party No.2 (the dealer) failed to appear before this Forum without any sufficient reason and did not file written version on record. Therefore, consumer complaint proceeded ex-parte as against the Opposite Party No.2.
The advocate for the Opposite Party No.1 contended that the Manufacturer does not give any warranty as regards plastic and glass items. He further contended that the Complainant has not alleged inherent manufacturing defects in the refrigerator. whole door needs to be changed for the handle of the door. Door of the refrigerator is not covered under the terms of warranty. Same is the case with vegetable tray. Door of the refrigerator as well as vegetable tray are made of plastic material and, therefore, the Opposite Party No.1/Company refused to change the same under the warranty.
After carefully scrutinizing the pleadings of the parties in the light of documentary evidence on record and upon giving anxious thought to the oral submissions advanced, the Hon’ble Forum ordered as follows:
Opposite Parties have issued warranty conditions together with the product wherein it has been clearly
mentioned that the Opposite Party No.1/Company will repair free of charge any part of or parts of the products, if the defects id due to the faulty material or workmanship. However, the Opposite Parties are
avoiding to repair the faulty material free of charge. Thus, Opposite Parties have failed to comply with their own promise which amounts to deficiency in service.
In view of the above finding, the Complainant is entitled to get the service from the Opposite Party free of charge. Opposite Parties need to be directed to replace the door of the refrigerator. Complainant is also entitled to get compensation for physical and mental suffering to the tune of Rs.10,000/- and costs of the
complaint to the tune of Rs.3,000/- from the Opposite Parties.
Thus, consumer complaint deserves to be partly allowed.
[V. P. UTPAT] / PRESIDENT
[MRS. KSHITIJA KULKARNI] / MEMBER