BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 87 of 2017.
Date of Institution: 15.06.2017.
Date of Order: 22.05.2019.
Virender Chauhan son of Shri Rampal Singh, resident of near Arya Samaj Mandir, Loharu, Tehsil Loharu, District Bhiwani.
….Complainant.
Versus
1. B. P. L. Reach Distribution (India) Pvt. Ltd., Unit No. 139 & 140, Ist Floor, Raheja Arcada, 5th Block Konamangala, Bangalore, 580034 Karnataka, India.
2. Anil Saini, Bajrang Cooling Center, near Jain Chowk, Water Boost, Bhiwani, Tehsil & District Bhiwani.
3. Dev Electronics BPL Distributors, Naya Bazar Road, Bhiwani, Tehsil & District Bhiwani.
…...Opposite Parties.
Complaint under Section 12 of the
Consumer Protection, Act, 1986.
Before: - Hon’ble Mr. Manjit Singh Naryal, President.
Hon’ble Mr. Parmod Kumar, Member.
Hon’ble Mrs. Saroj Bala Bohra, Member.
Present: Complainant in person with Sh. Jagdish Sheoran, Advocate.
Shri Sandeep Budhera, Advocate for the OP No.3 (defence
struck off).
None for the OP No. 2 (defence struck off).
OP No. 1 already exparte.
ORDER:-
PER MANJIT SINGH NARYAL, PRESIDENT
Brief facts of complainant’s case are that he has purchased a refrigerator BPL Model BRD 240 Grey INC 1208/0066 dated 28.6.2012 from OP No. 3 vide bill No.6944 dated 28.6.2012 for Rs. 13,000/- manufactured by OP No. 1 and OP No. 3 has given 5 years warranty/guarantee for all type of defects. It is alleged that compressor of the refrigerator has become defective in the month of January, 2014 and on the complaint, the mechanic of authorized service centre of the OP No. 1 has visited the house of the complainant and repaired the same and charges Rs.1200/-. It is further alleged that the refrigerator has again become defective in the month of December, 2016 and the complainant has made complaint No.186467 dated 27.12.2016 and the mechanic of the OP No. 1 visit the house of the complainant and told that the compressor of the refrigerator is defective and assured that the same will be replaced within 15-20 days and also charged Rs.350/- from the complainant. It is further alleged that the compressor of the refrigerator has not been replaced by the OPs and a legal notice dated 16.3.2017 has been served upon the OPs, but to no effect. It is further alleged that the complainant had to purchase the new refrigerator due to unfair trade practice on the part of the OPs. So, there is deficiency in service on the part of the OPs. Hence, this complaint.
2. On notice, no one appeared on behalf of the OP No. 1 and the OP No. 1 was proceeded as exparte vide order dated 31.8.2017.
3. On notice Shri Anil representative appeared on behalf of OP No. 2 and Shri Sandeep Budhera, Advocate appeared on behalf of the OP No. 3, but they failed in filing written statement on behalf of the OPs No. 2 and 3 despite availing several opportunities and the defence of the OP No. 2 and 3 was struck off vide order dated 13.11.2018.
4. The complainant has placed on record duly sworn affidavit as Ex. PW1/A and documents Ex. P1 to C5 in his evidence to prove his version and close the evidence.
5. On the other hand, no evidence produced by the OPs No. 2 and 3 to controvert the case of the complainant and the evidence of the OPs No. 2 and 3 was closed vide order dated 21.5.2019.
6. We have heard learned counsel for the complainant at length and gone through the case file carefully.
7. Ld. Counsel for the complainant reiterated the contents of the complaint. Ld. Counsel for the complainant submitted that the OPs have not replaced the compressor of the refrigerator of the complainant, whereas the same was within warranty period and the complainant had to purchase the new refrigerator.
8. Ld. Counsel for the OP No.3 has argued that the warranty or guarantee belongs to the manufacturer and the OP No. 3 is not the manufacturer of the refrigerator and he has only sold the refrigerator.
9. After hearing the learned counsel for the complainant and having gone through the material available on the records, we are of the considered view that the complaint deserves acceptance, as there is deficiency & unfair trade practice on the part of the OPs. Complainant has successfully proved his case by placing on record his duly sworn affidavit as Ex.PW1/A, copy of bill as Ex P4, copy of terms & conditions of warranty as Ex. P4/A and copy of legal notice as Ex. P5. On the other hand, the OPs have failed in filing written statement and also failed to produce any cogent & convincing documentary evidence to rebut the case of the complainant. So, it is clearly proved on record that the OPs have failed in repairing the refrigerator of the complainant despite making several requests/complaint. The OPs have no where rebut the stand taken by the complainant that five years warranty was given of the refrigerator in question. So, it is clear that the refrigerator in question started giving problem after about 1½ years of its purchase. So, it amounts to deficiency in service on the part of the OPs. The OP No.1 has even failed to appear before this Forum despite service to rebut the case of the complainant and the OPs No. 2 & 3 have failed in filing written statement as well as any documentary evidence to rebut the case of the complainant. It appears that OPs have nothing to say in this case to controvert the stand taken by the complainant.
10. Therefore, in view of the circumstances mentioned above, complaint of the complainant is partly allowed and the OPs are directed as under: -
i. To pay Rs.13,000/- (Thirteen thousand only) being the cost of the refrigerator along with interest @ 9% p.a. from the date of filing this complaint till its realization.
ii. To pay Rs. 1100/- (Eleven hundred only) as compensation on account of mental agony, physical harassment & hardship.
iii. To pay Rs. 1100/- (Eleven hundred only) as litigation charges.
The complainant is directed to hand over the old refrigerator to the OPs. The compliance of the order shall be made within 30 days from the date of the order. Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 22.05.2019.
(Saroj Bala Bohra) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani.
