State Consumer Disputes Redressal Commission
Manager, M/S Great Eastern Appliances ... vs Sri Swapan Kr. Dey, Kolkata-31 on 5 June, 2012
State Consumer Disputes Redressal Commission
State Consumer Disputes Redressal
Commission
West
Bengal
BHABANI BHAVAN (GROUND FLOOR)
31, BELVEDERE
ROAD, ALIPORE
KOLKATA 700 027
S.C. CASE NO.FA/241/2011
(Arising out of order dated 25/04/11 in
Case No.CC 141 of 2010 of District
Consumer Disputes Redressal Forum, Kolkata, Unit-II)
DATE OF
FILING:23/05/11 DATE OF FINAL ORDER:05/06/12
APPELLANT : Manager
Representing M/s Great Eastern
Appliances (P) Ltd.
20, Old
Court House
Street
Kolkata-700 001
RESPONDENTS :
1) Sri Swapan Kumar Dey
S/o-Late
B.C. Dey
23D, Dr. R.N. Das Road
Dhakuria,
Kolkata-700 031
2) Manager
Representing
SANYO
Service
Centre at
379, Jodhpur Park
Kolkata-700
068
BEFORE : HONBLE
JUSTICE : Sri Kalidas Mukherjee
President
HONBLE
MEMBER : Sri
S. Coari
HONBLE
MEMBER : Smt.
M. Roy
FOR THE APPELLANT :
Mr.
Saikat Mali
Ld.
Advocate
FOR THE RESPONDENTS : Mr.
S. S. Dhar
Ld.
Advocate
: O R D E R :
No.7/05.06.2012 HONBLE JUSTICE SRI KALIDAS MUKHERJEE, PRESIDENT This appeal is directed against the judgment and order passed by the Learned District Forum, Kolkata, Unit-II in case no.CC 141 of 2010 allowing the complaint and directing the OP to replace the BPL SANYO make microwave oven by a Samsung make microwave oven having capacity of 28 litres within one month from the date of receipt of a certified copy of the order with usual warranty which will run from the date of installation of the same at the residence of the complainant failing which the amount of Rs.6,800/- was to be refunded to the complainant with interest @ 8% per annum from 18/09/08 till realization. The OP was directed to further pay Rs.10,000/- to the complainant for causing harassment, mental agony and dragging the complainant to the District Forum.
The case of the complainant/respondent, in short, is that on 18/09/08 he visited the office of the OP for the purpose of purchasing one microwave oven of Samsung make. Subsequently the sales representative has deliberately misled him with suppression of facts. It was represented to the complainant that the Samsung make microwave oven had warranty for one year, but the BPL SANYO microwave oven had warranty for three years. The complainant purchased BPL SANYO make microwave oven for Rs.6,800/- on 18/09/08. When the service representative of the OP visited the house of the complainant for the purpose of demonstration it was clear that there was no manual.
The service personnel could not provide manual book as it was not available with him. The complainant visited the office of the OP, but in vain. The OPs were requested to extend the period for warranty for three years as per the commitment made at the time of purchase of the goods, but to no effect. The complainant informed the Director of CA & FBP, Government of West Bengal for redressal, but with no result. Under the circumstances, the complainant filed the complaint before the Learned District Forum.
None appeared on behalf of the respondent and the matter was heard ex parte.
The Learned Counsel for the appellant submits that the appellant is the dealer, but not the manufacturer. It is contended that the warranty card etc. are kept in the sealed cover with the goods and the dealer has no authority to extend the period of warranty. It is submitted that the complainant did not file the warranty card before the Learned District Forum. It is submitted that the warranty card was supplied by the manufacturer.
It appears that the complainant was aggrieved with regard to the period of warranty of the goods. It is not a case of defect in goods sold to the complainant.
The complainants contention is that he wanted to purchase Samsung make microwave oven where warranty for three years was available, but the sales representative of the OP represented before him that the warranty period of Samsung make microwave oven was for one year only and in case of BPL SANYO make microwave oven it was for three years.
The further contention of the complainant is that at the time of demonstration at his residence he found that the period of warranty was one year and not three years as represented by the sales representative. On this point the contention of the Learned Counsel for the appellant is that the warranty card is provided by the manufacturer not by the dealer and the warranty card has not been produced before the Learned District Forum. From the sale receipt vide Annexure-1 dated 18/09/08 it appears that the complainant purchased one microwave oven of BPL SANYO make and on the same day the kit was delivered to him. It is also on record that the sales representative of OP went to the residence of complainant for the purpose of demonstration. Since the sealed packet containing the goods was received by the complainant with the mention of kit delivered in the receipt, we find that the mere statement of the complainant about the discrepancy in the period of warranty on the basis of the verbal representation of the sales girl of the OP, is not sufficient to prove the contention of the complainant as raised in the complaint.
Having heard the Learned Counsel and on perusal of the materials on record we find that the complainant/respondent is not entitled to get any relief in this case.
In the result, the appeal is allowed. The impugned judgment is set aside. The complaint is dismissed. There will be no order as to costs.
MEMBER(SC) MEMBER(L) PRESIDENT