Cockroach home, costly design flaw: Godrej ordered to pay Rs 75,718 by consumer body

Kolkata District Consumer Redressal Commission recently held Godrej Interio liable for deficiency in service and directed the company to either replace the steel almirah with a “manufacturing defect” or to refund Rs 55,718 along with litigation costs and compensation (Rs 10,000 each) to a 68-year-old man who had “somehow managed” to purchase the almirah with his hard-earned money.

A bench consisting of Manoj Kumar Rai (President), Ashoka Guha Roy Bera (Member), and Gopal Chandra Roy (Member) was hearing a complaint filed by a man who had purchased a Godrej steel almirah for keeping his valuables, the same, however, got infested by insects due to a gap in the almirah doors and the company had refused to replace or refund the same.

“The main purpose of almirah is to keep the goods protected from being damaged by insects, cockroaches etc. Since, it is proven that there are gaps in the almirah through which insects can enter into it, it is established that there is manufacturing defect in manufacture of such almirah and as such the complainant is entitled to replacement of almirah or refund of value of said almirah,” the June 9 order read.

‘Cockroaches’

The man wanted to purchase a Godrej steel almirah for safekeeping of valuable clothes, apparel, and articles, important documents, and therefore visited the showroom on April 9, 2021.

During the visit, the sales executive demonstrated the usefulness and other features of the almirah on display, and being convinced of the features, the man purchased an almirah for Rs 55,718.

On April 23, 2021, the company delivered the almirah to the residence of the man.

Just a few days after the delivery and installation of the said almirah, the man was surprised to notice that it had become a safe home for insects and cockroaches, causing damage to costly articles, such as clothes, apparel, and important documents.

On examination of the body of the almirah, the man noticed that there was an excessive gap in the top and bottom parts of the almirah doors, due to a manufacturing defect.

The insects and cockroaches could easily enter the almirah through the upper and bottom door gaps.

The man took out all his clothes and valuable articles from it, and the almirah has been kept empty at his residence.

Soon after detecting the defective door gap in the almirah, the man visited the shop several times and explained the problem.

He also lodged a complaint with the helpline of the manufacturing company.

Thereafter, representatives of the authorised service provider and technicians visited the house of the man and examined the almirah, but they could not correct the defects.

On December 2, 2021, the senior mechanic verbally stated that it was a manufacturing defect which could not be corrected and also asked the man to take up the matter with the company for replacement.

The man also lodged a complaint with the customer care call centre for the replacement of the defective almirah, as it was unnecessarily consuming space in his room.

On December 13, 2021, one Nitin Choudhary of Godrej Interio Service-Kolkata admitted that the door gap is as per the design of the almirah, and therefore, they could not replace the same.

The said person also suggested that the man should use a proper cleaning kit to avoid the entry of insects inside the almirah.

On December 23, 2021, the man lodged a complaint to the Consumer Affairs Department, Government of West Bengal, seeking a solution through mediation.

On December 24, 2021, the man sent an email to the company stating that he was a senior citizen and had purchased the almirah out of his hard-earned money and requested that the company consider replacing it.

Accordingly, in the mediation held on April 8, 2022, the company and the shop stated that they wouldn’t be providing any replacement or refund of money.

The man then approached the commission alleging a deficiency in service and unfair trade practice, which has caused him prolonged suffering, harassment, mental pain and agony.

‘Manufacturing defect’

The district commission observed that it was proven that the man had sent an email to the company, requesting the replacement of the almirah and that the company had informed the man about their inability to replace the same, as the gap was part of the design.

The commission further noted that the company had stated that the said gap was provided to avoid rubbing of panels in the almirah, to avoid scratches. The company had also advised the man to use a proper cleaning kit to avoid the insects from entering the almirah.

According to the commission, the main purpose of an almirah was to keep the goods protected from being damaged by insects, cockroaches, etc., and since it was proven that there were gaps in the almirah through which insects can enter it, it was established that there was a manufacturing defect in the almirah

The commission hence held that the man was entitled to replacement of the almirah or a refund of the value of said almirah, and as a deficiency in service by the company had been established.

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Accordingly, the commission directed the company to replace the defective almirah with a new one as per the man’s choice by adjusting the price to be paid or to refund the amount of Rs 55,718 along with interest at the rate of 9 per cent per annum from April 9, 2021, to the day of taking return of the defective almirah.

The company was further directed to pay a compensation of Rs 10,000 to the man, along with Rs 10,000 as litigation costs.

‘Smooth functioning’

It was argued on behalf of the company that the gap in the almirah had been provided for its smooth functioning, and that it was very nominal, permissible and as per the design of the almirah.

It was further contended that the said gap was also there at the time of purchasing the almirah and while choosing it. The counsel also submitted that there was no deficiency in service on the part of the company, as the complaint was attended promptly by their service representatives.

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The counsel further stated that the complaint was false, baseless, not maintainable and there was no reason to file this case against the company.

‘Significance’

This order warns the consumers to be alert regarding their rights and that must pursue their grievances in consumer courts so that companies do not get away with selling defective products.

The ruling also establishes the obligation of the companies to provide follow up services and the fact that refund/replacement cannot be simple denied because the company calls the flaw in the product to be “part of the design.”

Accordingly, the products must be examined carefully by the consumers while and after buying the same in order to check them for possible defects.

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For consumer-related grievances, individuals may contact consumer helpline in their respective states (West Bengal helpline: 033-2479-3078) or call the National Consumer Helpline at 1915 for assistance.