Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 166.
Instituted on : 19.04.2018.
Decided on : 04.09.2018.
Adv. Gaurav Arya s/o Sh. Inder Singh R/o 1019/24, Jagdish Colony, Rothak124001(Haryana).
………..Complainant.
Vs.
- Anand Electronics, 14 Palika Bazar, Rohtak-124001(Videocon Plaza) Ph.8396030063.
- Videocon Industries Limited, 14 km Stone, Aurangabad-Paithan Road, Village Chittegaon, Taluka Paitham, Aurangabad-431105, Maharastra.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
Present: Sh.J.S.Saroha, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had purchased a washing machine model D.G.Zara vide bill no.6621 dated 16.05.2016 for Rs.17000/- from the opposite party No.1. That the washing machine is not working properly, spin of machine always show error and it does not spin the clothes, upper cover of machine is also not fitted properly. That complainant made a complaint to the service centre of OP No.2 on 10.03.2018 vide service complaint no.0279 but respondents neither repaired nor replaced the machine despite repeated requests of the complainant. That the act of opposite parties is illegal and amounts to deficiency in service. As such, it is prayed that opposite parties may kindly be directed to refund the amount of Rs.17000/- alongwith compensation and cost of litigation as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties No.1 & 2 did not appear despite service and as such were proceeded against exparte vide order dated 28.05.2018 and 10.08.2018 respectively of this Forum.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C5 and closed his evidence.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. Perusal of the record reveals that as per complaint and affidavit filed by the complainant his washing machine in question was having defects of “not spinning the clothes and cover not fitted properly” which could not be removed by the opposite parties despite complaints made by the complainant at their service centre. On the other hand, opposite party No.1 & 2 have not appeared before this Forum for the rebuttal against the pleadings of the complainant placed on the file and remained exparte in the present case. As such all the allegations leveled against the opposite parties regarding the alleged defects in the washing machine stands proved.
6. Accordingly the complaint is allowed and we hereby direct the opposite parties jointly and severally to remove the defects of spin and upper cover of the washing machine in question. Opposite parties shall also pay a sum of Rs.5000/-(Rupees five thousand only) as litigation expenses and compensation to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
04.09.2018.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
