Haryana

Kurukshetra

CC/85/2021

Som Dutt - Complainant(s)

Versus

Bhagwati Electronics - Opp.Party(s)

Complainant in person

22 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

                                                                    Complaint No.:    85 of 2021.

                                                                   Date of institution: 17.03.2021.

                                                                   Date of decision: 22.07.2022

 

Som Dutt, r/o H.No.20, One Room Set, Sugar Mill Colony, Shahabad Markanda, District Kurukshetra.

                                                                                                …Complainant.

                                                     Versus

 

1. Bhagwati Electronics Shiv Mandir Market, Shahabad Markanda, District Kurukshetra-136118.
2. L.G. Electronics India Pvt. Ltd., Branch Office 3^rd Floor, Main Sohna Road, near Ninex City Mart, Sector-49, Gurugram, Haryana, through its Managing Director.

...Respondents.

 

CORAM:   NEELAM KASHYAP, PRESIDENT.    

                   NEELAM, MEMBER.

 

Present:       Shri Gourav, Advocate for the complainant.

                   OPs No.1 & 2 ex-parte vide orders dated 01.12.2021 27.04.2022             respectively.

 

ORDER:

 

1.                This is a complaint under Section 35 of the Consumer Protection Act,  2019 (for short “Act”).

2.                By way of filing the present complaint, complainant alleged that on 21.03.2020 he purchased LG refrigerator after paying a sum of Rs.19500/-. During the month of March the said refrigerator was not working properly as its door was not closing completely and due to that, all the vegetables and other products were getting spoiled. He contacted OP No.1 several times in this regard to rectify his grievance as well as made his complaint on toll free number 1800 103 9031, but they neither redressed his grievance nor replaced the defective refrigerator with new one, which amounts to deficiency in services on the part of the OPs, causing him mental agony, harassment and financial loss, constraining him to file the present complaint against the OPs before this Commission.

3.                On receipt of complaint, notices were ordered to be issued against the OPs No.1 & 2, but they failed to appear before this Commission and were proceeded against ex-parte vide orders dated 01.12.2021 27.04.2022 respectively by this Commission.

4.                In order to support his case, complainant tendered affidavit Ex.CW1/A along with documents Ex.C-1 to Ex.C-4 and closed the same.

5.                We have heard the learned counsel for the complainant and gone through the case file as well carefully.

6.                Learned counsel for the complainant has argued that on 21.03.2020 the complainant purchased LG refrigerator after paying a sum of Rs.19500/-. During the month of March the said refrigerator was not working properly as its door was not closing completely and due to that, all the vegetables and other products were getting spoiled. The complainant contacted OP No.1 several times in this regard to rectify his grievance as well as made his complaint on toll free number 1800 103 9031, but they neither redressed his grievance nor replaced the defective refrigerator with new one, which amounts to deficiency in services on the part of the OPs.

7.                There is no dispute that on 21.03.2020, the complainant purchased a LG refrigerator from OP No.1 for a sum of Rs.19,500/- with 1+9 years warranty, vide Invoice Ex.C-1.

8.                The grievance of the complainant is that the said refrigerator was defective as its door was not closing completely and due to that, all the vegetables and other products were getting spoiled. In this regard, the complainant produced photographs of refrigerator on the case file as Mark-A, wherein, the door of refrigerator was not completely closing. The complainant made online complaint Mark-D, wherein, in column “Nature of Complaints” it is mentioned “Product found defective. No replacement/refund as per customer demand”. The complainant further produced copy of complaint No.RNP200925060614, made by him to OPs as Mark-B on the case file, which was completed on 28.09.2020 vide Mark-C, wherein, in column Symptom “Door Issues- Doors Won’t Close” is mentioned, but as per complainant, his grievance was not resolved yet. Having left with no other option, complainant served legal notice upon OP No.1 on 30.11.2020 Ex.C-2.

9.                In order to prove his case, the complainant produced documentary evidence on the case file, whereas, on the other hand, none of the OPs have appeared before this Commission, to rebut the above-said contentions of the complainant and opted to be proceeded against ex-parte. So, evidence adduced by the complainant goes unrebutted and unchallenged, against the OPs and thus, we have no option, but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents.

10.              In view of above facts and circumstances of the case, we are of the considered view that we are of the considered view that the refrigerator purchased by the complainant became defective as its door was not closing completely and after repeated requests made by the complainant to the OPs, they failed either to repair the same or replace the same, which is an act of deficiency in service as well as unfair trade practise on the part of the OPs.

11.              Now the question which arises for consideration is what should be the quantum of indemnification? In the complaint in hand, complainant prayed either to refund the cost of the refrigerator or to replace the same. From the perusal of case file, we found that the refrigerator in question became defective from the very beginning of its purchase, as its door was not closing completely. However, it is pertinent to mention here that before launching a product in the market or sent to the Dealer for sale by the manufacturer, its working and durability has to be tested at the Company. In the case in hand, the OPs sold defective refrigerator to the complainant whose door was not closing completely and also they failed to resolve this grievance despite repeated requests by the complainant. In this way, complainant is entitled for replacement of the refrigerator along with compensation and litigation amount. 

12.              In view of our above discussion, we accept the present complaint and direct the OPs jointly and severally to replace the refrigerator in question, with new one of same make & Mode, subject matter of Invoice Ex.C-1, to the complainant, and in case, the similar model refrigerator is not available with them, then give another new refrigerator as per the choice of the complainant of equivalent price, within a period of 45 days from the date of this order. The OPs will take back the defective refrigerator, in question, from the residence of complainant, at their own cost. The OPs are also directed to pay Rs.5,000/- to the complainant, as compensation for mental agony and physical harassment, caused to him, due to an act of deficiency in service as well as unfair trade practise, on the part of the OPs and litigation expenses within a period of 45 days from the date of this order, failing which, the award amount of Rs.5,000/- shall carry the interest @6% simple per annum from the date of this order, till its actual realization and the complainant will be at liberty to initiate proceedings under Section 71/72 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 Commission:

Dated:22.07.2022.

    

                                                                                        (Neelam Kashyap)               

          (Neelam)                                                               President,

          Member.                                                                DCDRC, Kurukshetra.           
 

 

 

 

 

 

Typed by: Sham Kalra, Stenographer.