Case No.174/2016   

IN THE MATTER OF

Syed Imran C/o Sri Munna Khan R/o H.No.5 Gali no.1 Dilshad Colony Near Safa School, Dhaura Mafi, Aligarh

Digital World (Ankit Gupta, Director) C/o Ground Floor, Akasdeep, LIC Building Samad Road, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1.  The present complaint has been filed by the complainant before this commission for directing the Op to give the new fridge and for awarding compensations Rs.120000/ 

1. In brief, complainant’s case is that the complainant had purchased a double door refrigerator Videocon  and Samsung washing machine on 5.10.2015 from the OP for Rs.32000/ as per sale invoice dated 5.10.2015 and the value of refrigerator Rs.18855.90inclusive of G.S.T. is Rs.2444/ . The refrigerator was with the one year warranty (guarantee) but it became defective on 7.7.2016. Complainant complained to the Op on 8.7.2016 which was registered on 20.7.2016 with the company. On 17.8.2016 two employees of the company visited to repair the refrigerator but the defect could not be removed and again made complaint no. AGR0709160036. The refrigerator was neither repaired nor  replaced. Complainant visited the showroom of OP several times and incurred expenses in conveyance and suffered hardships. He is entitled for compensation Rs.120000/.
2. Op stated in WS that the company is liable under the warranty who has not been impleaded in the case. All the reliefs relate to the company and dealer does not incur any liability.
3. Complainant has filed his affidavit and papers in support of his pleadings. 
4. We have perused the material available on record and heard the parties counsel.
5. The first question of consideration before us is whether the complainant is entitled to any relief?
6. Admittedly, refrigerator was purchased from Op, the dealer of the manufacturing company. The OP dealer was liable for repairs or replacement of the refrigerator within the guarantee period. The refrigerator became defective within the guarantee period. Op was liable to get the refrigerator repaired or replaced who was paid for the same. OP cannot avoid its liability on the pretext of the reliefs relate to company. OP was paid and therefore OP is liable to render  adequate service and op has failed to discharge its obligation in rendering service and committed deficiency in service. Complainant is entitled for replacement of refrigerator and compensation for harassment. .
7. The question formulated above is decided in favour of the complainant.
8. We hereby direct the OP to replace the refrigerator of the same model or its value Rs.19300/ with pendelite and future interest at rate 10% per annum and to pay compensation for harassment Rs.20000/.
9. Op shall comply with the direction within  45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.

File be consigned to record room along with a copy of this judgment