Naveen Puri, President;
1 The complainant Sukhjinder Singh has filed the present complaint under Consumer Protection Act (herein after called as 'the Act') against Chawla Electronics Railway Road Tarn Taran on the allegations of deficiency in service and negligence in service on the part of the opposite party with prayer to direct the opposite parties to replace his refrigerator and to pay the compensation to the complainant.
2 The case of the complainant in brief is that he is permanent resident of above mentioned address and he has purchased one refrigerator mark L.G. D.C. Refer G.F.B.241 A.M.L.T on 28.10.2016 and the complainant has made the full payment of Rs. 18,800/- to the opposite party. The opposite party has also issued a bill to the complainant regarding the same and warranty of the refrigerator was given for one year. The refrigerator started giving problem after six months from its purchase and the complainant requested the opposite party several times that the refrigerator is not working properly. But the opposite party did not listen the complainant despite several requests and are putting of the matter under one pretext or the other. The mechanic of the opposite party went to the house of complainant for repairing the refrigerator in question but failed to repair the same. When the complainant requested the opposite party that the refrigerator is not repaired, then the opposite party replied that they cannot do anything. On 30.8.2017, the complainant made complaint to the opposite party through e-mail but till today complaint of the complainant has not been repaired nor the refrigerator has been replaced. The complainant is still approaching the opposite party again and again but the complainant has not been heard; that the opposite party told to the complainant to do anything as he wants and misbehaved with the complainant and turned out the complainant from his office after giving pushing to him. The complainant is a very poor person and the opposite party refused to accept the request of the complainant. Hence the present complaint.
3 The opposite party has duly served but the opposite party did not appear and consequently, the opposite party was proceeded against exparte vide order dated 26.10.2017.
4 In order to lead his evidence, the complainant has tendered in evidence his affidavit Ex. C-1 alongwith documents Ex. C-2 to Ex. C-6 and closed the evidence.
5 We have heard the complainant and have gone through the evidence and documents placed on the file by the complainant.
6 The complainant contended that he has purchased one refrigerator mark L.G. D. C. Refer G.F.B.241 A.M.L.T on 28.10.2016 and the complainant has made the full payment of Rs. 18,800/- to the opposite party vide Bill Ex. C-3. The warranty of the refrigerator was given for one year. The refrigerator started giving problem after six months from its purchase and the complainant requested the opposite party several times that the refrigerator is not working properly. The complainant further contended that the opposite party did not listen the complainant despite several requests and are putting of the matter under one pretext or the other. The complainant further contended that the mechanic of the opposite party went to the house of complainant for repairing the refrigerator in question but failed to repair the same. The complainant further contended that on 30.8.2017, the complainant made complaint to the opposite party through e-mail but till today complaint of the complainant has not been repaired nor the refrigerator has been replaced. The email of sent by the complainant is Ex. C-4. The complainant further contended that the complainant is still approaching the opposite party again and again but the complainant has not been heard. The complainant has orally requested this Forum to refund the price of his refrigerator and prayed for compensation. The complainant has proved his whole case by placing affidavit Ex. C-1. The opposite party is proceeded against exparte in this case and whole of the evidence of the complainant is unrebutted. The complainant has also proved on record that the refrigerator has not been repaired despite several requests and the complainant has been harassed unnecessarily by the opposite party.
7 In the light of all above, we allow the present complaint and the opposite party is directed to refund Rs. 18,800/- (Rs. eighteen thousand eight hundred only) and the opposite party is also direct to pay Rs 5,000/- (Rs. five thousand only) as costs and compensation within 30 days of receipt of the copy of the present orders failing which the opposite party shall pay interest @9% p.a. from the date of filing the present complaint till actual payment .
Copy of the orders be communicated to the parties free of charges. After compliance, file be consigned to record.
Announced in Open Forum Dated: 29.5.2018 |