DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 473/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
YUDHVIR SINGH S/o SH. SATBIR SINGH,
R/o D-17, NEAR DESHWAL MEDICOS,
YADAV NAGAR, SAMAYPUR, BADLI,
NEW DELHI-110042.… COMPLAINANT
Versus
1. CROMA,
VIKAS SURYA SHOPPING MALL,
MANGLAM PLACE, NEAR DEEPALI CHOWK,
SEC.-3, ROHINI, DELHI-110085.
2. CROMA ELECTRONICS
INFINITI RETAIL LTD.,
UNIT No.701 & 702, 7th FLOOR,
KALENDONIA SAHAR ROAD,
ANDHERI (EAST), MUMBAI-400069. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 09.06.2017
Date of decision:30.04.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby
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alleging that on 19.12.2013, the complainant went to the shop of OP-1 for purchasing a new Washing Machine and accordingly the official of OP-1 induced the complainant for purchasing Washing Machine of Croma by disclosing some new advance features and believing upon the words of OP-1 the complainant agreed to purchase the said Washing Machine for a sum of Rs.8,999/- vide transaction no. SLF02A020010066029 on 19.12.2013 VIDE Sr. No. CRAW2100101300226 with two years full warrantee. The complainant further alleged that at the same time the shopkeeper also got insured the new purchased Washing Machine of the complainant by disclosing the offer of all types of repair/replacement for an extended period of two years till 18.12.2017 on paying of Rs.599/- for the purpose of securing his new Washing Machine. The complainant further alleged that the complainant was shocked when the complainant found that the said Washing Machine was not working properly. On 09.10.2015, the complainant lodged a complaint with OP-2 vide complaint no. DEL091015FS00037 but the official of OP-2 did not give any proper response. Thereafter, the complainant lodged so many complaints with OP-2 and details are as follows: DEL1910SF00041 dated 20.10.2015, SR15021700214 dated 15.02.2016, DEL160217F00003 dated 16.02.2016, DEL210217FS00030 dated 28.02.2016,
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SR28021700374 dated 02.03.2016, SR10031700398 dated 10.03.2016, DEL100317FS00031 dated 13.03.2016, SR21031700049 dated 21.03.2016, DEL220317FS00011 dated 22.03.2016, SR03051700240 dated 05.04.2016 & DEL090617FS00063 dated 09.06.2017. After that one engineer came at the premises of the complainant on 30.05.2017 and said that the spare parts are not available and the engineer came 3-4 times but every time he gave a false assurance to the complainant and the complainant sent so many e-mails to OP but no avail. Thereafter, the complainant approached several times to OPs for replacement of the Washing Machine because it is a new piece and it is also duly covered and protected within extended warrantee period but OPs kept on avoiding the matter on one pretext or the other and the complainant further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount of Rs.9,589/- alongwith interest from the date of purchasing the said product as well as compensation of Rs.50,000/- for causing him mental agony and harassment and has also prayed for grant of legal expenses of Rs.1,100/-.
3. Notices to OPs were issued through speed post for appearance on 27.9.2017 and AR on behalf of OP has appeared and filed authority
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letter and copy of complaint and documents were supplied to AR on behalf of OP on 03.01.2018 and AR of OPsought time to file written statement and case was adjourned to 06.03.2018 for filing of written statement/reply. But none for the OPs appeared on 06.03.2018 and as such OPs were proceeded ex-parte vide order dated 06.03.2018 and right of the OP to file written statement was also closed.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of duplicate invoice dated 19.12.2013 for purchase of Washing Machine for total value of Rs.9,589/- from OP-1 which includes amount of Rs.599/- paid for two year extended warrantee, copies of various e-mail communications between the parties and copy of warrantee card.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. On perusal of the record, we find that the complainant made complaints of his Washing Machine to OP-2 within warranty period but the defect has not been rectified by OP-2, though it was the duty of OP-2 to rectify the defect once for all or to replace the product. A customer/consumer is not expected to file
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complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product and the defects in the Washing Machine of the complainant could not be rectified by OP-2 and it shows that there is some inherent and manufacturing defect in the Washing Machine. Accordingly, OPsare held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OPs jointly or severally are directed as under:-
i) To pay to the complainant an amount of Rs.6,500/- being the depreciated price of the Washing Machine paid by the complainant to OP-1 on return of the disputed Washing Machine as the original bill and job sheets issued by OP-2 have been placed on record by the complainant.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation for causing mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.1,100/- towards cost of litigation.
7. The above amount shall be paid by OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs jointly or severally shall be liable to pay interest on the entire awarded amount @ 10% per annum from the
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date of receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 30th day of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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