The complainant purchased a washing machine from the respondent company for Rs. 48,509 that started malfunctioning after 19 days. Several attempts were made to repair it but the defect could not be fixed. The complainant is now seeking a refund of the purchase price along with interest, damages for harassment and mental agony, and costs of the legal proceedings from the District Consumer Dispute Redressal Forum.
The complainant purchased a washing machine from the respondent company for Rs. 48,509 that started malfunctioning after 19 days. Several attempts were made to repair it but the defect could not be fixed. The complainant is now seeking a refund of the purchase price along with interest, damages for harassment and mental agony, and costs of the legal proceedings from the District Consumer Dispute Redressal Forum.
The complainant purchased a washing machine from the respondent company for Rs. 48,509 that started malfunctioning after 19 days. Several attempts were made to repair it but the defect could not be fixed. The complainant is now seeking a refund of the purchase price along with interest, damages for harassment and mental agony, and costs of the legal proceedings from the District Consumer Dispute Redressal Forum.
The complainant purchased a washing machine from the respondent company for Rs. 48,509 that started malfunctioning after 19 days. Several attempts were made to repair it but the defect could not be fixed. The complainant is now seeking a refund of the purchase price along with interest, damages for harassment and mental agony, and costs of the legal proceedings from the District Consumer Dispute Redressal Forum.
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IN THE DISTRICT CONSUMER DISPUTE
REDRESSAL FORUM KOLKATA
CONSUMER COMPLAINT NO..OF 2016
In the matter of:
A complaint under Section 11 and 12 of
the Consumer Protection Act, 1986
and the rules made there under
-And-
Kanan Gill, residing at
4/1 Park Street, Kolkata-700017
..Complainant
-Versus-
Boots & Heels Industries Limited, a company incorporated under
the Companies Act, 1956 and carrying on business at
2, Southern Avenue, Kolkata-700086
.Respondent To
The Honble President
And His Companion Members
Of the District Consumer Dispute Redressal Forum
The complainant above named
Most respectfully
SHEWETH:-
1. The respondent is a manufacturer of electrical goods and appliances
including air conditioners and carries on business at 2, Southern Avenue, Kolkata-700086.
2. The claim of compensation and/or redressal of grievances of the complaint
does not exceed Rs 4,50,000.
3. The complaint relates to the malfunctioning of the washing Machine
purchased by the complainant from the respondent about 15 months ago. This application is being made within 1 year from the date of cause of action.
4. On 29th March 2014, the complainant purchased one washing Machine from the respondent at Rs 48,509.
5. The complainant paid the price, took delivery of the same and the respondent issued a cash memo and a warranty card guaranteeing the proper functioning of the washing machine. The guarantee was valid for 2 years.
A copy of the cash memo and the warrant card is annexed hereto and marked as A- 1 and A-2 respectively.
6. After about 19 days of running the said air conditioner in accordance with the printed instructions given by the respondents, the outdoor unit of the said electrical appliance started malfunctioning. The complainant by his letter dated 17th April, 2014 complained to the respondent setting out the non- functioning of the air conditioner including the malfunctioning of its outdoor unit. A copy of the abovementioned letter is annexed hereto and marked as A-3. 7. The respondent sent its mechanic on 20th April, 2014, who apparently repaired the defect. But after 45days of smooth running, the outdoor unit started malfunctioning again since the compressor was not working properly and apparently there was also a leak in the gas pipe.
8. After several reminders, the respondent sent one of its mechanics again who tried to repair the compressor and also installed a new gas pipe. But he stated that the defect in the compressor was a manufacturing glitch and therefore the outdoor unit could not be fully repaired.
9. The complainant requested the respondent by a letter dated 02 nd February,
2015 to replace the said outdoor unit as there was a manufacturing defect and in spite of best efforts, the respondents mechanic could not repair the defect. The respondent received the said letter but neither replaced the outdoor unit nor repaired the defect. They also did not provide the complainant with a reply or feedback.
A copy of the abovementioned letter is annexed hereto and marked as A-4.
10.The complainant also sent an email to the official customer service email address on 04th April, 2015 but here too, the complainant did not get any solution to his problem. A copy of the email sent to the abovementioned email address has been annexed hereto and marked as A-5.
11.By reasons of the breach of the agreement, breach of warranty and
negligence of the respondent, the complainant has suffered loss and damages which the complainant assesses at Rs 49,000.
In the facts and circumstances of the case, the complainant prays for the following reliefs:-
A. Refund of Rs 48,509 paid to the respondent
for the purchase of the said washing machine. B. Interest from the date of purchase of Rs 48,509 @18% per annum C. Damages for harassment, physical injury and mental agony assessed at Rs 35,000 D. Cost of the present proceeding E. Further and other reliefs as the complainant is entitled to. And the complainant as in duty bound shall ever pray. PlaceKolkata
Date.April 10, 2016
VERIFICATION I, Mr. Kanan Gill, son of Mr. Harjeet Gill, residing at 4/1 Park Street, Kolkata-700017, do hereby solemnly declare and state that the statements contained in the preceding paragraphs of this complaint are true to the best of my knowledge and belief and nothing stated herein is false and I have not suppressed any material fact.
Verified at .. on this 10th day of April, 2016.
Deponent identified by me
(MOHAMMED ARHAM REZA)
Advocate
ANNEXURES: 1. Cash Memo (A-1) 2. Warranty Card (A-2) 3. Complaint letter dated 17th April, 2014 (A-3) 4. Complaint letter dated 02nd February, 2015 (A-4) 5. Email containing complaint to customer service desk dated on 04 th April, 2015 (A-5)
