Delhi

East Delhi

CC/246/2015

SHIV SHANKER - Complainant(s)

Versus

B&A TRADING - Opp.Party(s)

02 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 246/15

Sh. SHIV SHANKAR SHARMA

S/O Sh. KISHAN LAL SHARMA

R/O A-2/47, KRISHAN NAGAR,

1.  

                                                                                                                    ….Complainant

Vs

 

1. B & A TRADING COMPANY

OFFICE-3952, STREET NO. 13,

SHANTI MOHALLA, GANDHI NAGAR,

1.  

 

SECOND ADDRESS- KRISHAN BAQUEST HALL,

B-34, MAIN ROAD, KANTI NAGAR,

1.  

 

2. ELECTROLUX INDIA LTD. (CORPORATE OFFICE)
3.  

 

SECOND ADDRESS- C-152, GROUND FLOOR,

CANON BUILDING, OKHLA INDUSTRIAL AREA,

PHASE-1, NEW DELHI-110020

 

 

                                                                                                                                    ….Opponents

Date of Institution: 10.04.2015

Judgment Reserved for: 02.02.2017

Judgment Passed on: 06.02.2017

 

Order By: Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

This complaint has been filed by the complainant Sh. Shiv Shankar Sharma against OP-1(B & A TRADING COMPANY), and OP-2 (ELECTROLUX INDIA LTD) with allegation of deficiency in service.

1. The facts in brief are that on 21/08/2012, the complainant had purchased Electrolux Refrigerator model EDE253/2010 for Rs.11,000/- from OP-1  vide delivery                challan no. 2640. At the time of purchase, the complainant was promised regarding the quality control and after sale service. It is stated that the said Refrigerator had water leakage problem and some other defects soon after purchase. Complainant lodged the complaint on 17/10/2017 with Customer Electronic Services. On 22/10/2014, the technician charged Rs.1,687/- from the complainant despite the Refrigerator being in warranty period. After a month, the complainant started again facing the same problem in Refrigerator, he lodged another complaint no. EDEL1802150017 on 18/02/2015 and thereafter several complaints have been made on different dates but no technician has visited the complainant. Hence, this present complaint praying for replacement of the defective Refrigerator or the refund of the entire cost i.e Rs.11,000/-  along with 24% interest from the date of purchase, compensation of Rs.70,000/-  and for mental pain, agony and harassment and Rs.11,000/- as litigation charges.
2. The complainant has annexed delivery challan as Annexure A, warranty card as Annexure B & C and receipt issued by Quick Customer Electronic Services Pvt. Ltd., dated 22/10/2014 as Annexure D.
3. OPs were served with the notice of the present complaint, but they did not put  appearance, hence they were proceeded ex-parte on 15/09/2015.
4. The complainant, Shri Shiv Shankar Sharma filed his evidence by way of affidavit where he stated the contents of the complaint on oath and has relied upon Ex. CW1/A (Photocopy of Delivery Challan), Ex. CW1/B & Ex. CW1/C (A Photocopy of the Warranty Card), Ex. PW1/D is the receipt issued by Quick Customers Electric Pvt Ltd.
5. We have perused the file and the documents placed on record which reveal that the complainant has filed the service receipt bearing date 22/10/2014, Ex PW1/D, the receipt issued by Quick Customer Electronic Services Pvt. Ltd., depicts that Rs.1687/- had been charged on account of Gas, filter, service tax & transportation.
6. Warranty on compressor does not cover refilling of gas, so, the complainant has to pay for such refill. Therefore, seeking of refund of the cost of the refrigerator after using the same for more than 2 years cannot be justified. Hence, the present complaint is dismissed being devoid of merits with no orders to cost.            

Copy of this order be sent to both the parties as per law.

 

(P.N. TIWARI)                                                                                     (HARPREET KAUR CHARYA)              

   MEMBER                                                                                                       MEMBER                   

 

(SUKHDEV SINGH)

PRESIDENT