Delhi

North East

CC/122/2017

RESHMA - Complainant(s)

Versus

AGGARWAL ELECTRIC & ELECTRONICS - Opp.Party(s)

03 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 122/2017

 

 

In the matter of:

 

 

	Smt. Reshma W/o Sh. Rajesh R/o H.No.168, St. No. 4, Maujpur, Delhi-110053	Complainant
	Versus
1.     2.           3.	Aggarwal Electric & at 190 B, Main RaodMaujpur, Delhi-110053   M/s Tekcare India Pvt. Ltd., through its Director( Kelvinator) Regd. Office at 15 Km. Stone, Aurangabad-Paithan Road, Village Chitegaon, TalvkaPaithan, Aurangabad-431105, Maharashtra.   Service Centre 221, Okhla II, Sanjay Colony II, Pocket Y, Okhla II, Industrial Area, New Delhi-110020 and Service Centre No. 394040   Also at; Paras Solution B-133, St. No. 04, Near Joshi Electronics, Jyoti Colony, Delhi-110094	Opposite Parties

 

DATE OF INSTITUTION:  JUDGMENT RESERVED ON: DATE OF ORDER:

11.04.2017 20.04.2023 03.07.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Ms.Adarsh Nain, Member

ORDER

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is thatComplainant purchased a refrigerator having model no. KO255LTPR dated 17.04.2016 for an amount of Rs. 15,500/-.The Complainant stated that after some weeks refrigerator started loosing its cooling capacity and its inner plastic body completely damaged in June 2016. The Complainant lodged complaint at Kelvinator service centrei.e. Opposite Party 2 having reference no. DEL2403170588 dated 24.03.2017. Upon filing of the complaint,the service centre assured the complainant to send serviceman in 3-4 days but no one visited Complainant. The Complainant stated that she had also lodged written complaint to Aggarwal Electric & Electronics i.e.Opposite Party No.1 but all in vain. The Complainant stated that it is written in warranty conditions of above said refrigerator that “the manufacturer of this Kalvinator Refrigerator undertake that the product is warranted against manufacturing defects for a period for 1+9 year warranty, from the date of purchase, that comprises of a 1 year warranty on all parts in the first year and thereafter a 9 year additional warranty on the compressor”. Since the refrigerator in under warranty Opposite Party failed to repair or replace the refrigerator. Hence, this shows deficiency on the part of Opposite Parties. The Complainant has prayed either to pay the cost of the refrigerator i.e. Rs. 15,500/- or to replace the product with a new one. She further prayed for Rs. 20,000/- for mental harassment.
2.  TheNotice of the complaint was served upon Opposite Party 1,2,&3.  Opposite Party No.1 failed to enter appearance. Therefore, Opposite Party No.1 was proceeded against Ex-parte vide order dated 27.09.17.
3. On perusal of the order sheets, it is observed that unattested copy of written statement was filed on behalf of Opposite Party No. 2 and 3 and vide order dated 01.05.2018, Opposite Party No.2 &3 were directed to file the attested copy of the same within stipulated time. However, Opposite Party No. 2 &3 failed to comply the order dated 01.05.2018, hence the defence of the Opposite Party No.2 and 3 was struck off vide order dated 04.07.2018.

Evidence of the Complainant

4. The Complainant in support of her complaint filed heraffidavit wherein she has supported the averments made in the complaint.

Arguments & Conclusion

5. We have heard theComplainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that the refrigerator in question after some weeks of purchase started loosing its cooling capacity and its inner plastic body completely damaged.It is alleged that the Complainant lodged complaint at Kelvinator service centre i.e. Opposite Party No.2 but it was not resolved. The Complainant stated that she had also lodged written complaint to Aggarwal Electric & Electronics i.e. Opposite Party No.1 but all in vain. The Complainant stated that it is written in warranty conditions of above said refrigerator that “the manufacturer of this Kelvinator Refrigerator undertake that the product is warranted against manufacturing defects for a period for 1+9 year warranty, from the date of purchase, that comprises of a 1 year warranty on all parts in the first year and thereafter a 9 year additional warranty on the compressor”. The deficiency on the part of Opposite Parties has been alleged as the refrigerator was under warranty and Opposite Party allegedly failed to repair or replace the refrigerator.
6. We have considered the contentions of the Complainant and also perused the record of the file. On perusal of the invoice of the Refrigeratorin question filed by the Complainant, it is clear that the product in question was purchased by the Complainant on 17.04.2016. It has been stated on oath by the Complainant that the said Refrigerator started giving problems within weeks of purchase.  This fact is further corroborated by the document i.e.written complaint dated 09.04.2017 filed by the Complainant which shows that the product was not working properly during the warranty period and the Complainant lodged complaint in this regards within first year of purchase. The perusal of warranty conditions filed by the Complainant clearly shows that the manufacturer of Kelvinator Refrigerator i.e.Opposite Party No.2 warranted against manufacturing defects for a period for 1+9 year warranty, from the date of purchase, that comprises of a 1 year warranty on all parts in the first year and thereafter a 9 year additional warranty on the compressor.
7. Since the defence of Opposite Party No.2 i.e. the manufacturer had been struck off, we are left with no option except to believe the version of the Complainant which is testified on oath.
8. In view of above discussion and the unrebutted and uncontroverted testimony of the Complainant regarding the deficiency of services on the part of Opposite Party No.2, we are of the considered view that the Opposite Party No.2 which is M/s Tekcare India Pvt. Ltd. (Kelvinator),the manufacturer, has been deficient in services by not providing the satisfactory services to the Complainant by not repairing  the refrigerator  in question.
9. Thus, we allow the present complaint and direct the Opposite Party No.2 i.e. M/s Tekcare India Pvt. Ltd. (Kelvinator)to pay to the Complainant the cost of the refrigerator i.e. Rs.15,500/- with interest @6% per annum from the date of institution of the complaint. The Opposite Party No.2 is further directed to pay Rs.20,000/- towards compensation and litigation cost. Opposite Party No.2 is liable to pay the same within a period of 4 weeks from the date of receipt of order. In case of delay in the payment beyond 4 weeks Opposite Party No.2 will be liable to pay interest @6% p.a. for the delayed period.
10. Order announced on03.07.2023.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

( Anil Kumar Bamba)        Member

(Adarsh Nain)   Member

(Surinder Kumar Sharma) President