Haryana

Kurukshetra

CC/530/2019

Rohit Saini - Complainant(s)

Versus

Amandeep Electronics - Opp.Party(s)

In Person

19 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

                                                Consumer Complaint No.530 of 2019

                                                Date of Instt. 10.12.2019.

                                                Date of Decision: 19.02.2020.

 

Rohit Saini, aged 30 years, son of Sh.Pushpinder Singh, resident of village Kohlapur, Tehsil Thanesar, District Kurukshetra, Mobile No.8295953603.

                                                                        …….Complainant.

                                            Versus

 

1.Amandeep Electronics, Ladwa Road, near Petrol Pump, Babain 136156, Kurukshetra  through its Dealer/authorized signatory.

 

2. Indo Appliances A-13, Mangolpuri Industrial Area, Phase-2, New Delhi 110086 (Mobile No.99993-43890through its authorized signatory.

                ……Opposite parties.

 

  Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                                   

Present:     Complainant in person.

                OPs ex-parte vide order dated 23.01.2020.

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986, moved by the complainant Sh.Rohit Saini against Amandeep Electronics etc., the opposite parties.

2.             It is stated in the complaint that the complainant  contacted the OP no.1 for purchase of a Geyser and on the assurance of OP No.1, the complainant purchased a Geyser manufactured by OP no.2 for Rs.2900/-  on 29.01.2019 vide bill No.723 dated 29.01.2019. The OP no.1 gave one year warranty for the geyser in question and further assured that in case of any problem in the geyser, the complainant can make a call on the toll free number and the  company will send the mechanic in order to solve the problem in the geyser, if any.  It was also assured by OP no.1 that it is a geyser of best quality.  It is averred that the said geyser is having manufacture ring defect and is not working properly since beginning.  The complainant made complaints on their toll free No. 18001021818 and the company assured the complainant that his complaint would be attended within 48 hours by its engineer.  One of the engineer of the company visited the premises of the complainant and told that burner of the geyser is not working due  to which there is burning problem in the geyser and  its burnet is damaged and the said engineer went back after taking job sheet and till date no response from the OPs. The complaint made complaints on the toll free number of the company and thereafter mechanic of the company came to the house of the complainant and replaced the burner of the geyser.  On the next day, entire geyser of the complaint got burnt and when the complainant saw, summer/winter controller of the geyser was missing and same were stolen from the said geyser.  Thereafter, the complainant made complaints to the OPs but nothing has been done by them. The complainant also requested the OPs to replace the geyser but in vain and such act on the part of the OPs amounts to deficiency in services on the part of the OPs.  Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OPs and prayed that the OPs be directed to replace the geyser of the complainant with a new one or to refund the cost of the geyser i.e. Rs.2900/- and sought compensation for the mental harassment caused to him and the litigation expenses.

 

3.             Notice of the complaint was given to the OPs. OPs were duly served upon but none appeared on their behalf. Therefore, both the OPs were proceeded against ex-parte vide order dated 23.01.2020.

 

4.             The complainant in support of his case has filed his affidavit Ex.CW1/A and tendered documents Ex.C1 and Ex.C-2 and closed his evidence.

5.             The complainant has reiterated all the averments mentioned in the complaint. He argued that on the assurance of OP No.1, the complainant purchased a Geyser manufactured by OP no.2 for Rs.2900/-  on 29.01.2019 vide bill No.723 dated 29.01.2019. The OP no.1 gave one year warranty for the geyser. It was also assured by OP no.1 that it is a geyser of best quality but the geyser was not working properly since beginning and on the complaint made by the complainant, firstly burner of the geyser was burnt and same was changed by the OP no.1. Thereafter, on the next day entire geyser got burnt  and controller of winter/summer was found missing and after making calls on toll free number none came to redress the grievance of the complainant.

 

6.             From the averments made in the complaint coupled with the bill Ex.C-1, it is established that the complainant purchased one Geyser from the OP No.1 for Rs.2900/- and its burnt was burnt and was changed by the OP No.1. Thereafter, entire geyser got burnt and the OPs were informed but none came to   repair or replace the geyser.   The OPs have abstained themselves from the proceeding of this case and were proceeded against ex-parte.  Therefore, allegations made by the complainant in the complaint  goes unrebutted and unchallenged and it is established that the  OPs have failed to repair or replace the geyser of the complainant despite repeated requests and complaints and as such deficiency in services on the part of OPs is established.

 

7.             So, in view of our above discussion, we accept the present complaint and direct the OPs, either to replace the geyser of the complainant with a new one of the same value and model and if the same is not available, then to refund Rs.2900/- i.e. cost of the geyser to the complainant. The  OPs are also directed to pay Rs.3000/-   in lump sum as compensation for the mental harassment caused to him. The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Forum:

Dt.: 19.02.2020.                                                  (Neelam Kashyap)

                                                                                 President.

 

 

(Issam Singh Sagwal),         (Neelam)       

Member                               Member.