BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.194 of 2018
Date of Institution: 4.7.2018
Date of Decision: 13.2.2019
Inder Pal son of Sh. Dungar Mal, resident of village Dhukra, Tehsil and Distt. Sirsa.
………Complainant.
Versus
- Delhi Electronics, Sadar Bazar near Masjid Sirsa, Distt. Sirsa, through its Prop/ Partner/ Auth. Person.
- Kail Limited, Auto Cars Compound, Adalat Road, Aurangabad- 431005, Maharashtra, through its Managing Director/ Auth. Person.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER.
Present: Sh. Lucky Duggal, Advocate for complainant.
Opposite party no.1 exparte.
Opposite party no.2 given up.
ORDER
In brief, case of complainant is that complainant purchased a refrigerator of Kelvinator company on 24.7.2017 from opposite party no.1 for a sum of Rs.16,500/- on every type of assurance of op no.1 about the best quality of the said refrigerator and op no.1 issued invoice No.1254 to the complainant. That within one month of purchase of the refrigerator, it started to create problems i.e. stop cooling, stop making ice, auto off etc. The complainant immediately approached op no.1 and told about this problem and op no.1 asked that this is a minor problem and their care centre will remove the said problem and also assured that if these problems will not be removed then they will replace the same with new one, otherwise they will return the sale price of the said refrigerator. The ops repaired the said refrigerator. It is further averred that after sometime these problems again created in the refrigerator and complainant again visited to op no.1 who advised the complainant to make complaints to the Care Centre. Then complainant moved so many complaints to the ops but all in vain and ops started to put off the matter with one pretext or the other. Since then ops are unnecessarily harassing and humiliating the complainant. That due to the act and conduct of the ops, the complainant is suffering great harassment, mental tension etc. for which he is also entitled for compensation to the tune of Rs.50,000/- from the ops. Hence, this complaint.
2. On notice, opposite party no.1 failed to appear before this Forum and was proceeded against exparte. OP no.2 was given up by learned counsel for complainant.
3. The complainant produced his affidavit Ex.CW1/A, copy of cash/ credit memo Ex.C1 and copies of SMS Ex.C2.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A wherein he has reiterated all the averments made in his complaint. He has also placed on file copy of cash/ credit memo dated 24.7.2017 Ex.C1 vide which he purchased the refrigerator in question from op no.1 for a sum of Rs.16,500/-. The complainant has also placed on file copies of SMS received from ops in response to his complaints. The op no.1 did not come forward to contest the case of complainant rather opted to be proceeded against exparte. The op no.2 was given up by learned counsel for complainant. The evidence led by complainant goes as unchallenged and unrebutted as op no.1 opted to be proceeded against exparte. As such the version of the complainant is to be believed that refrigerator in question suffered above said problems within short period after its purchase and within warranty period and the defects could not be removed by op no.1 which amounts to deficiency in service on the part of op no.1.
6. In view of above, we allow the present complaint qua opposite party no.1 and direct the op no.1 to carry out necessary repairs in the refrigerator in question to make it defect free even by replacing any part without any cost and in case it is found that refrigerator in question is not repairable, then the op no.1 will replace the same with same make and model or in the alternate will make refund of the price of the refrigerator in question to the complainant. The op no.1 is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum on the amount of Rs.16,500/- (i.e. price of the refrigerator) from the date of this order till actual realization. We also direct the op no.1 to further pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. The complainant is directed to hand over the refrigerator in question to op no.1 against proper receipt well in time. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. Member President,
Dated:13.2.2019. District Consumer Disputes
Redressal Forum, Sirsa.
