Haryana

Sonipat

CC/26/2015

JAI BHAGWAN S/O CHANDER SINGH - Complainant(s)

Versus

1. SUNRISE ENTERPRISES,2. ROYAL SERVICE CENTRE,3. LG ELECTRONICS INDIA PVT. LTD. - Opp.Party(s)

DHARMBIR RATHI

20 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.26 of 2015

                                Instituted on:29.01.2015

                                Date of order:20.08.2015

 

Jai Bhagwan son of Chander Singh r/o H.No.343-L/11, Adarsh Nagar, Sonepat through authorized person Dalbir Singh son of Chander Singh.

 

                                                      ...Complainant.

 

                        Versus

 

1.M/s Sunrise Enterprises Opp. Nirankari Bhawan, Railway road, Sonepat through its Prop.

2.M/s Royal Service Centre 13/A near Little Angles School, Model Town, Sonepat through its Prop.

3.LG Electronics India Pvt. Ltd. IIIrd Floor, D3 District Centre, Saket, New Delhi-17, through its Director/Manager.

                                                      ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Shri Dharambir Rathi, Adv. for complainant.

           Sh.  RA Tyagi, Adv. for respondent no.1.

           Sh. Mohit Sachdeva, Adv. for respondent no.2 & 3.

 

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 on 10.8.2011 he has purchased a refrigerator from respondent no.1.  Unfortunately on 24.11.2014, all of sudden fire took place inside the said refrigerator and due to fire, the entire paint of the room also damaged.  The complainant informed the respondent no.3 in this regard.  The technicians of the company visited the site and inspected the refrigerator and they also took photographs and orally that there was some technical/manufacturing defect  and they assured the complainant to do the needful.  But till date, the complainant has not received any fruitful result from the complainant and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        The respondents appeared and they filed their separate reply.

          The respondent no.1 in its reply has submitted that it is the liability of the respondents no.2 and 3 to visit and repair the refrigerator and there is no deficiency in service on the part of the respondent no.1.

          The respondents no.2 and 3 in their reply have submitted that the said refrigerator caught fire due to some external source.  The Technicians of the respondents who visited the residence of the complainant never told the complainant that there was any technical/manufacturing defect in the said refrigerator. Infact the refrigerator of the complainant did not bear any manufacturing defect. The respondents have denied the fact that the loss has been suffered by the complainant due to the fire in the refrigerator and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for the complainant and respondents at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        In the present complaint, the respondents no.2 and 3 have placed on record the photo copies of the photographs and report which itself shows that there is internal damage in the refrigerator. Whereas the outer part and back side of the refrigerator are intact.  So, there was some technical fault in the refrigerator due to which, the refrigerator caught fire thereby causing a huge loss to the complainant.  So, in our view, the complainant is entitled to get relief against the respondents no.2 and 3. Thus, we hereby direct the respondents no.2 and 3  to provide new refrigerator to the complainant upto the price of Rs.8600/- and for rendering deficient services, harassment and under the head of litigation expenses, the respondents are directed to compensate the complainant to the tune of Rs.5000/- (Rs.five thousands).  The complainant is also directed to return the old refrigerator to the respondents.

          With these observations, findings and directions, the present complaint stands allowed.

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

          File be consigned to the record-room.

 

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:20.08.2015