Haryana

Sonipat

255/2014

RAHUL DAHIYA S/O DAVINDER SINGH - Complainant(s)

Versus

1. KAYSONS INDIA,2. LG ELECTRONICS INDIA PVT. LTD. - Opp.Party(s)

SUDESH KUMAR

02 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

 

Complaint No.255 of 2014

Instituted on: 24.09.2014                 

Date of order: 07.07.2015

 

Rahul Dahiya son of Davinder Singh Dahiya, r/o H.No.234, Sector 14, Sonepat.

…Complainant.           Versus

1.M/s Keysons (India) (through Sales Manager) Goel Bhawan, Gur Mandi, Sonepat.

2.LG Electronics India Pvt. Ltd.(Head office) through Manager, plot no.51, Surajpur Kasna road, Greater Noida, Udyog Vihar, Noida.

                                      …Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by:  Smt.Sudesh Kumari Advocate for complainant.

            Shri RA Tyagi, Advocate for respondent no.1.

            Shri Mohit Sachdeva, Adv. for respondent no.2.

 

Before-  Nagender Singh-President. 

          Prabha Wati-Member.

          D.V.Rathi-Member.

 

O R D E R

 

         Complainant has filed the present complaint against the respondents alleging therein that he intends to purchase a LG double door fridge and washing machine on 2.11.2012 from the respondent no.1. The salesman of respondent no.1 induced to purchase the single door LG of 185 Litres capacity with the assurance that no ice is deposited in the ice box. Thus, the complainant on the assurance of salesman, purchased fridge of single door but it was found to be of inferior quality.  Thus, the respondent no.1 has cheated the complainant by giving false assurance of quality, standard and technology. So, he has filed the present complaint with the prayer to direct the respondents to replace the fridge with new one.

2.        The respondent no.1 and 2 appeared and they filed their reply separately.

          The respondent no.1 has submitted that there is no fault in the fridge as there is no report of any technician.  All the allegations are false and baseless as the complainant himself has purchased the fridge of his choice. There is no inferior technology, quality or standard.

          The respondent no.2 has also submitted that the complainant has not lodged even a single complaint regarding any problem.  All the allegations on the basis of which the complainant has filed the present complaint are totally false and baseless and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. counsel for both the parties and have perused the entire relevant documents available on the case file very carefully and minutely and has come to the conclusion that there is deficiency in service on the part of the respondents because they supplied the single door fridge to the complainant by misleading the complainant that the said fridge is with frost-free technology.  Infact the said single door fridge supplied to the complainant was not having any frost-free technology.  The complainant from the very beginning was interested to purchase the double door fridge with frost-free technology.  The single door fridge was of interior quality and technology as the ice accumulated in the freezer.  In our view, the ends of justice would be fully met if some directions are given to the respondent no.1 since we find no deficiency in service on the part of the respondent no.2.  Accordingly, we hereby direct the respondent no.1 to replace the existing fridge of the complainant with double door fridge having frost-free technology.  If the complainant chose to replace the double door fridge crossing the price of Rs.14000/-, in that event, the complainant shall pay the difference amount to the respondent no.1.  The complainant is also directed to return the single door fridge to the respondent no.1.

          With these observations, findings and directions, the present complaint stands allowed qua respondent no.1 and stands dismissed qua respondent no.2.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

Prabha Wati Member    DV Rathi Member     Nagender Singh

DCDRF SNP             DCDRF SNP         President, DCDRF

                                               SNP.

ANNOUNCED 07.07.2015