BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                            Consumer Complaint no. 45 of 2013                                                                    

                                                             Date of Institution  :    6.2.2013

                                                            Date of Decision    :    31.8.2015

Shingara Singh son of Sh.Massu Singh, resident of  village Mamera Kalan, tehsil and distt.Sirsa.

                                                                                          ……Complainant.

                              Versus.

1.Dhingra Traders, Main Bazar, Ellenabad, through its Proprietor/Partner.

2.  Godrej Upstream Ltd., Chitalsar, Manpada, SV Road, Thane (West) Mumbai-400610, through its Manager (Services).

                                                                                ...…Opposite parties.

                    Complaint under Section 12 of the Consumer Protection Act,1986.

Before:         SMT.GURPREET KAUR GILL……PRESIDING MEMBER.  

          SHRI RAJIV MEHTA ………            MEMBER.

Present:        Sh.Purshotam Phutela Advocate for the complainant.

                    Sh.JBL Garg, Advocate for opposite parties.

ORDER

          In brief,  the complainant Shingara Singh, purchased one refrigerator of 180 lt. Make Godrej from Op no.1 on cash price of Rs.8100/- vide Cash Invoice no.9358 dated 10.6.2008 bearing no.802030572. At that time, OP no.1 had given guaranty of six years for any manufacturing defect in the refrigerator including compressor. But, from the day of its purchase, there was much noise in the motor and the Freezer of refrigerator was not working properly and also there was defect in the compressor of refrigerator. When the complainant approached OP no.1, he sent his own mechanic, who detected the defects and explained the same to Op no.1. OP no.1  assured the complainant that he will get replaced the refrigerator with new one. OP no.1 brought the refrigerator at his shop and charged Rs.1700/- for replacement of compressor with new one. But, after 2/3 months, the compressor again started creating problem and the complainant again and again took it to the shop of op no.1, who charged Rs.900/- and Rs.500/- respectively from the complainant. The said payments were made by the complainant in the presence of his grandson Harmej Singh. In spite of that, the refrigerator did not work properly and further the complainant approached Op no.1, but he did not pay any heed and rebuked the complainant. Hence, this complaint for a direction to the opposite parties either to replace the refrigerator or to refund its price of Rs.8100/- plus Rs.3100/- charged from the complainant for repair of compressor, with upto date interest, besides damages for  harassment, mental tension etc. and litigation expenses.

2.                 Opposite parties filed their joint reply. Selling of the refrigerator has been denied by the opposite parties. It is pleaded that neither OP no.1 sells nor op no.2 manufactures the Kelvinator refrigerators. OP no.2 manufactures high quality and high standard products and warranty is given as per norms of company. Rest of the averments have also been denied.

3.                 In order to make out his case, the complainant has placed on record  Ex.CW1/A-his own supporting affidavit;  Ex.CW1/B-purchase receipt; Ex.CW1/C-User Guide slip and Ex.CW1/D-warranty card.

4.                 In reply thereto, opposite party no.2 has placed on record Ex.R1- supporting affidavit of its Branch Manager Raji Modayil Abraham.

5.                 We have gone through the record of the case carefully and have heard learned counsel for both the parties.

6.                 Warranty card Ex.CW1/D is on the file. In this warranty card, opposite parties have provided the warranty of compressor for five years and one year for other parts. It is revealed from the complaint and the affidavit/documents of the complainant that the complainant had visited the shop of respondent no.1 for removal of defect in refrigerator, but the opposite party has not rectified the fault of the refrigerator. The compressor is in warranty period of five years.

7.                 In this context, this complaint is hereby allowed, with a direction to opposite parties to replace the compressor of the refrigerator free of costs and put the refrigerator in working condition. Both the opposite parties shall be jointly and severally liable to comply the order.  Compliance of this order be made within a period of one month from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.  

Announced in open Forum.                                     Presiding Member,

Dated:31.8.2015.                       Member.               District Consumer Disputes

                                                                                Redressal Forum, Sirsa.

Shingara Singh  Vs. Dhingra Traders

Present:        Sh.Purshotam Phutela Advocate for the complainant.

                    Sh.JBL Garg, Advocate for opposite parties.

          Arguments heard.  For orders to come up on 31.8.2015.

Dated: 27.8.2015.       Member.                               Presiding Member,

                                                                                DCDRF,Sirsa.

Present:        Sh.Purshotam Phutela Advocate for the complainant.

                    Sh.JBL Garg, Advocate for opposite parties.

        Order announced. Vide separate order of even date, complaint has

been allowed with no order as to costs. File be consigned to record room after due compliance.

Announced in open Forum.                                  Presiding Member,

Dated:31.8.2015.                                           District Consumer Disputes

                                                                      Redressal Forum, Sirsa.

                              Member.