Case No. 189/2023   

IN THE MATTER OF

Chandra Kiran Bhargav W/o Late Ajay Bhargav R/o Ajay Medical Store, Varun Nursing Home, Bela Marg Vishnupuri, Koil Quarasi Aligarh Permanent Address  h.no 376, Vishnupuri Aligarh  

                                                         V/s

1. Digital World, Prop. Ankit Gupta Near HDFC Bank Samad Road, Center point Thana Civil Lines Aligarh
2. Director, Jonson Controls Hitachi Air Condisoning India Ltd. Registered Office 9^th Floor, ABhijeet Mithakhali Six Road Ahmadabad Gujrat.                                                                                     

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  issuing  direction  to op to remove the defects in refrigerator or to replace by the new refrigerator or to pay the amount Rs.70000 with interest and also compensation for physical and mental loss at Rs.350000 with cost of the case Rs.15100.    
2. The Complainant has stated that the complainant had purchased a three door refrigerator of 510 Liter on 29.3.2017 from Op no.1.Op no.1 had assured the guaranty of ten years and to replace by new refrigerator having found any defect in the refrigerator. On 22.6.2023 the refrigerator became defective and the defectes were of non-cooling, non-icing and the compressor was also defective. The refrigerator was not working. Complainant made complaint on 22.6.2023, 24.6.2023 and on several dates but the problem was not solved. The bill, grantee /warranty card were lossed report was lodged at E Thana on 25.8.2023. Op has not replaced the parts PCB and compressor and the defect were removed.                           
3. Op no.1 stated in WS that the op no.1is the authorized dealer of the Company and the defect in the product are removed by the authorized service Centre. Op no.1 is no concern with it. Complainant was provided a packed product with good working condition and there was no defiency in service. Complainant is not entitled to any relief.  
4. Op no.2 has stated in WS that the said product is out of its warranty period and the PCB and other parts need to be replaced so that the product can work properly with any default.
5.  Complainant has filed his affidavit and papers in support of his pleadings.

Ops also filed affidavit and papers in support of his pleading.

6. We have perused the material available on record and heard the complainant’s counsel.
7. First question of consideration before us complainant is entitled for any relief?
8. Complainant had purchase the refrigerator on 29.3.2017 and as per term and conditions of warranty annexed with the the WS of the OP no.2 the warranty of compressor is five years from the date of invoice and the defect found in the product during period of warranty that shall be repaired and the part shall be replaced free of charge except for the part describe in the warranty. Complainant has complaint firstly on 22.6.2023 that was beyond period of warranty and therefore ops are under obligation to provides service or replace the compressor and other parts of the refrigerator free of charge. However the complainant being the customer of the op could be provided services or replace the part could be replaced on payment of charges.              
9. Question is formulated in decided accordingly.
10. We hereby direct the ops to provide service or to replace the parts of the refrigerator on payment of charges . 
11. 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.
12. File be consigned to record room along with a copy of this judgment.