By Diana Fernandes | NT
The Consumer Disputes Redressal Forum, South Goa at Margao in a recent judgment has ordered a Pune based company to repair as well as pay compensation for a massage chair that was bought during a consumer fair in Margao.
The complainant had bought a massage chair at a consumer fair at Margao in 2011 for Rs 2.45 lakh and was assured a nine-year service guarantee. However, in 2015 and 2017, the chair began developing mechanical problems. The company offered service without service charges but the complainant had to pay for the replaced part.
The problem recurred again in 2018 but was met with no response from the company forcing the complainant to approach the Consumer Forum. The South Goa Forum headed by president Pradip Sawaikar and members Cynthia Colaco and Nelly Pereira in its reasoning said that as per evidence presented to it, the massage chair had a service guarantee valid till March 2021, adding that the, “opposite party has failed to honour the guarantee as promised and, thereby, has committed default in service guaranteed.”
The Forum also held that considering the amount of investment, the complainant would have been bound to feel harassed, aggrieved, tortured and mentally upset granting an amount as compensation.
The Forum however turned down the complainant’s prayer for replacement of the chair saying, “Only when there is evidence to the effect that the chair is not repairable, we could have granted the prayer for replacement… The complainant will be entitled to the compensation of Rs 65,000 and also get the chair repaired free of service charge, upon payment of cost of the damaged parts.”
Eventually, the company was directed to repair the chair by replacing the damaged parts, without any charge for service but only for the cost of the damaged part as well as to pay compensation of Rs 65,000 to the complainant