BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.371 of 2019
Date of Institution: 15.07.2019
Date of Decision: 16.10.2019.
Sukhchain Singh son of Shri Kartar Singh, resident of Khairpur, Sirsa, Tehsil and District Sirsa.
………Complainant.
Versus
- A.G. Electrical, situated at Plot No.81 HSSI DC Delhi Pull, Industrial Area, Sirsa (Haryana) through its partner namely Mishel Allawadi son of Shri Bharat Bhushan.
- KAFF Appliances India Pvt. Ltd., S.S. Plaza, 4th Floor, Opposite Hilton Garden, Sector 47, Gurgaon (Haryana) through its Partner/ Proprietor.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER.
Present: Sh. Prahlad Rai, Advocate for complainant.
Opposite parties exparte.
ORDER
In brief, case of complainant is that complainant had purchased one piece of KHG 78BR4 for a total sum of Rs.16,620/- on 28.2.2018 through invoice No.178 with guarantee of one year. The price of the product also includes VAT amount etc. That above said product is having manufacturing defect and is not working and it stopped working after few days from the date of its purchase. The complainant met with op no.1 several times but he continued putting off the complainant with one pretext or the other. The op no.1 had assured the complainant that matter has been brought to the notice of manufacturer of the product i.e. op no.2 and same will be replaced with new one very soon, but till today no action has been taken by the op in this matter. That on 6.6.2019 a legal notice was served upon op no.1 requiring him to replace the said product with new one or to return the above said amount alongwith interest but to no effect. The complainant is suffering from mental tension and harassment at the hands of ops and there is deficiency in service on the part of ops. Hence, this complaint.
2. On notice, op no.1 did not appear despite service and was proceeded against exparte. Notice sent to op no.2 through registered cover not received despite passing of period of 30 days and none appeared on behalf of op no.2 and as such op no.2 was also proceeded against exparte.
3. The complainant then produced his evidence.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CA and invoice Ex.C1, legal notice Ex.C2 and copy of product information Ex.C3. On the other hand, ops did not put their appearance and opted to be proceeded against exparte. The pleadings and evidence led by complainant goes as unchallenged and unrebutted.
6. It is proved on record that complainant had purchased one piece of KHG 78BR4 of KAFF company from op no.1 for a sum of Rs.16,620/- with warranty of one year and as per allegations of complainant, there is manufacturing defect in the product in question and is not working. It stopped working after few days of its purchase. Complainant met with op no.1 several times but he continued putting the complainant off with one pretext or the other. The complainant sent a legal notice to op no.1 on 6.6.2019 but no reply was received. It is settled principle of law that after sales services are to be provided by dealer and manufacturer after sale of the product. It is proved that complainant is approaching time and again to op no.1 regarding defect in the product in question but op no.1 has failed to redress the grievance of the complainant. Though complainant has not placed on record any opinion of the expert qua manufacturing defect in the product, but however, he is entitled for getting the same repaired.
7. In view of our above discussion, we allow the present complaint and direct the opposite parties to carry out necessary repairs in the product in question even by replacing any parts without any costs within a period of 30 days from the date of receipt of copy of this order and in case it is found that product in question is not repairable, then the ops shall replace the product in question with a new one of same make and model without any costs within further period of 15 days. We also direct the ops to pay a sum of Rs.1500/- as composite compensation and litigation expenses to the complainant. Both the ops are jointly and severally liable to comply with this order within above said period, failing which complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. Member President,
Dated: 16.10.2019. District Consumer Disputes
Redressal Forum, Sirsa.
