Delhi

North East

CC/180/2017

Rashmi Atri - Complainant(s)

Versus

Arora Electronics & Another - Opp.Party(s)

03 Oct 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 180/17

 

In the matter of:

 

		Rashmi Atri D/o Sh. O.P.Atri R/o C-16, Ankur Enclave Karwal Nagar, Delhi		Complainant
		Versus
	1.       2.       3.	Arora Electronics B-71, Main Market, Bhajanpura, Delhi-110053.   Gunjan Technology Pvt Ltd 62, Ground Floor, Vijay Block Laxmi Nagar, Delhi.   M/s Godrej Industrial Ltd Piroj Shah Nagar, Estron Express, Highway Vikhroli, Mumbai-400079.		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		01.06.2017 03.10.2019 03.10.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Facts giving rise to the present complaint as made by out by the complainant are that she had purchased a Godrej Refrigerator model GDE23BX4 (Fridge) manufactured by OP3 from OP1 on 01.11.2013 for sum of Rs. 14,500/- inclusive of vat vide book no. 288/ Serial No. 15527. However, after 2 years of purchase, the door of the said fridge from inside of its base started getting rusted. The complainant informed OP1 seller about the same and service engineer from OP2 visited the complainant’s premises on 22.12.2016 and after inspection, advised the complainant that the said fridge was under warranty/guarantee for which OP3 was liable to replace the same. The service engineer of OP2 charged Rs. 344/-vide book no. 199/CR No.9917 and issued cash receipt against it. Thereafter, despite several follow-ups made by the complainant with OPs for replacement of the said fridge, all such requests went unheeded to. The complainant issued a legal notice to OPs dated 01.02.2017 through her counsel despite which no action was taken by OPs. Therefore alleging deficiency of service on the part of OPs causing mental pain and agony to the complainant, the complainant filed the present complaint before this Forum praying for issuance of directions against OPs for replacement or refund of the cost of the fridge alongwith compensation of Rs. 50,000/- for harassment, mental agony and financial loss and 15,000/- towards the cost of litigation.

Complainant has attached original purchase invoice dated 01.11.2013, original service invoice dated 22.12.2016 and legal notice dated 01.02.2017 with postal receipts dated 03.02.2017.

2. Notice was issued to the OPs on 10.07.2017. All the OPs were served between 22.07.2017 to 25.07.2017. However none appeared on behalf of OP2 and OP3 and were therefore proceeded against ex-parte vide order dated 09.02.2018. OP1 filed its written statement taken preliminary objection that it was merely vendor of the said fridge which had only supplied /sold the said fridge and as per complainant’s own case OP2 and OP3 did not remove the defects in the said fridge despite they being responsible for the quality / warranty of the fridge and OP1 had no role to play between company and its purchaser and therefore prayed for dismissal of the present complaint.
3. Rejoinder in rebuttal to the defence taken by OP1 was filed by the complainant reiterating his contents of the complaint.
4. Evidence by way of affidavit was filed by the complainant as well as OP1.
5. Written arguments were filed by the complainant in reassertion of his grievance against the OPs.

OP1 stopped appearing after February 2018 after filing its evidence by way of affidavit and did not file written arguments and opportunity therefore to file the same was closed vide order dated 25.03.2019.

6. During the course of oral arguments, a specific query put by the Forum to the counsel for the complainant about no warranty / guarantee card placed on record or anti-rust policy throughout the course of proceedings since pendency for last more than two years to which no cogent explanation came forth except acceptance of omission. The complainant’s own averments are incoherent and contradictory in as much as she states that the said fridge started becoming rusted after two years of purchase which should be construed as 2015. But the first service inspection report is dated end of 2016 which cannot be put in perspective.

The Hon'ble National Commission in Pawan Kumar Vs Nissan Motors India Pvt Ltd. I (2018) CPJ 425 (NC) observed that the complaint was sketchy and vague and no application was given by the petitioner / complainant to support his contention that the said vehicle had manufacturing defect and had also failed to place on record any expert opinion regarding the alleged manufacturing defect in his vehicle and had therefore dismissed the Revision Petition vide which the complainant had challenged the order of State Commission Jharkhand dismissing the complaint. The Hon'ble National Commission in Pushpa Bhutani Vs HUDA. Hissar (2006) 3 CPR 239 (NC) held that a complaint cannot be allowed if complainant is unable to prove his averments. The present complaint also suffers from lacunae of lack of documentary evidence and from bare pleadings appears to be a frivolous complaint without any cause of action and devoid of merits as complainant has been unable to prove her own case given the contradiction and vagueness of the pleadings. No documentary evidence by way of any photograph, warranty policy or correspondence with OPs has been placed on record to corroborate the averments which appear to be hollow and unsubstantiated. The complainant has since failed to establish any culpability against any of the two OPs and their respective roles or deficiency of service or unfair trade practice on their part, the complaint is therefore dismissed under Section 26 of Consumer Protection Act as frivolous but with no order as to costs with a warning to the complainant to abstain from filing such frivolous complaints in future and wasting judicial time.

7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8. File be consigned to record room.
9. Announced on 03.10.2019 

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member