CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.545/2008

Sh. Rattan Singh Kataria

S/o Sh. Bharat Singh

R/o 11, Begumpur Park, Malviya Nagar,

New Delhi-110027                                                      ……Complainant

Versus

1.       Sh. Anil Khattar

          M/s D. K. Vision

          A-78, Malviya Nagar

New   Delhi-110017

2.       L. G. Electronic India Pvt. Ltd.

          Plot No.51, Udhyog Vihar,

          Surajpur, Kasna Road

Greater Noida-201306 (U.P).                       ……Opposite Parties

                                                          Date of Institution          : 27.08.08                                                            Date of Order        :    .12.15

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Initially the complaint was filed against the OP No.1 however, during the pendency of the complaint, the OP No.2 was made a party.

Brief facts of the case are that in the month of May, 2007 Complainant had purchased a refrigerator from OP No.1 manufactured by OP No.2 vide receipt No.4614 dated nil for a sum of Rs.22,600/- with a one year warranty. It is alleged by the Complainant that the warranty contained a condition that if any complaint occurred in the refrigerator they will replace the defective good with new one.  It is further stated by the Complainant that after about 7/8 days, the refrigerator had started giving problem.  He made a complaint to OP No.1 to exchange the defective piece.  OP No.1 sent his mechanic to examine the fault.  Who checked the refrigerator and told that there was not any fault in the refrigerator. He told the Complainant to change the direction of the refrigerator. Complainant changed the direction of the refrigerator but it did not come into order.  On 21.07.2008, a mechanic of OP No.1 gave his report that there was a low gas and val chowking. Complainant has prayed for directing the OP to exchange the defective refrigerator, compensation and cost of litigation.

OP No.1 in its written statement has stated they have no role to play in guarantee or after sale service of the product sold and the same was entire responsibility of OP No.2. It is submitted that it is the own case of the Complainant that he had purchased the refrigerator make L.G. from them in May 2007 and the first complaint was lodged by the Complainant which was attended by the mechanic of OP No.2 after about one year and two months i.e. on 21.07.2008.  It is submitted that there is not even a single written complaint on record filed Complainant which he allegedly to have lodge with them. Even the notice dated 01.08.08 had been sent to some Rahul Katariya and not to them.  As such there was no deficiency of service on the part of the OP No.1.  Dismissal of the complaint has been prayed for.

OP No.2 in the written statement has stated that the refrigerator was properly checked by them on 21.07.2008 and found that there was problem of low gas and chowking which was rectified by their mechanic. It is submitted that as per their record the first complaint was made on 21.07.2008 after the expiry of the warrantee period of one year.  It is submitted that present complaint is nothing but merely an attempt on the part of Complainant to take undue advantage.    OP No.2 has prayed for dismissal of the complaint with exemplary cost.

Complainant has filed rejoinder to the written statement of OPs.

Complainant has filed his own affidavit in evidence. On the other hand OP No.1 Sh. Anil Khattar has filed his affidavit in evidence and affidavit of Sh. Md. Arif has been filed in evidence on behalf of OP No.2.

We have heard the arguments on behalf of the parties and have also gone through the record.

It is not disputed by the parties that the Complainant has purchased a refrigerator from OP No.1 manufactured by OP No.2 for a sum of Rs.22,600/- vide invoice No.4614 dated nil  through HSBC Visa Credit Card No.4384599991241000 with a one year warranty (copy  Annexure-A).  It is alleged that the said refrigerator was purchased in the month of May, 2007 and just after 7/8 days the refrigerator had started giving trouble to the Complainant. Complainant had made complaints to the OP No.1 to exchange the defective piece but there is no such evidence filed by the complainant which could prove that he made any such complaint to the OPs within the warranty period of one year. Complainant has placed on record a copy of job sheet dated 21.07.08 showing that he had made first complaint only after about one year and two months from the date of purchase of the refrigerator in question i.e. May, 2007 which was attended by the mechanic of OP No.2.  

In view of the above,  we do not find any merit in this complaint and it deserves dismissal and it is accordingly dismissed.  

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on   .12.15.

(NAINA BAKSHI)                                                             (N.K. GOEL)                                                                                                           MEMBER                                                                           PRESIDENT