Delhi

North East

CC/361/2014

Neeraj Sharma - Complainant(s)

Versus

Electrolux India Ltd. - Opp.Party(s)

30 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.361/14

 

In the matter of:

 

Shri Neeraj Sharma S/o Shri B.B. Lal R/o B-89/UG-1, Dilshad Colony, Delhi-95	Complainant
Versus
Electrolux India Limited (Corporate Office)             3rd Floor Mehruli, Gurgaon Road             Gurgaon, 122001 (Haryana)
Shrishti Enterprises (Authorized service centre of Electrolux) A-6, Gaytri Place Nahar Pur, Sector-7 Rohini, Delhi-85	Opposite Parties

 

Order

 

	DATE OF INSTITUTION:	11-09-2014
	DATE OF DECISION      :	30-10-2015

 

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

1. By way of present complaint complainant has alleged that he purchased a Microwave of OP1 company on 9-12-12 for a sale consideration of Rs. 6,990/. The Microwave has one year warranty thereon in general and 3 years for MEGNATONE. In the month of July complainant vide his complaint No. EDEL2307140011 complained the customer care of OP1 of some technical problem and stoppage of working by the Microwave. On complaint an executive from OP2 the service centre came and examined the product and told to the complainant that MEGNATONE is required to be replaced. For his services he charged Rs. 280/- against due receipt on          23-7-14. Again on 2-8-14 an another complaint vide No. EDEL0208140110 another mechanic came from OP2 who also told to replace the MEGNATONE and on 16-8-14 replaced the MEGNATONE against payment of Rs. 1450/- duly received the same day. Again on 25-8-14 the product stopped working and another complaint vide No. EDEL2508140002. Thereafter, so many E-mails but nobody turned up and attended the complaint. Complaining harassing and not attending the complaint, complainant has prayed for the directions to the OPs to repair the product under warranty. Complainant has also prayed for direction to OP to repair the Microwave and refund amounts already charged by OP2 twice alongwith compensation Rs. 50,000/-.
2. Vide order dated 2-12-14 OPs were proceeded against Ex-parte. Complainant has filed Ex-parte evidence by way of affidavit alongwith relevant documents.
3. Heard and perused the record.
4. Record show that complainant has purchased the Microwave make of Electrolux model No. G26K101SBCG through STAR CJ vide cash memo No. 201211092778 dated 9-12-12. Cash receipt dated 23-7-14 and 16-8-14 show that OP2 received amounts of Rs. 280/- and 1450/- from complainant against service on complaint and replacement of MEGNATONE. Further E-mails between, the two copy whereof are placed on record, show that OP1 has acknowledged the complaint vide its E-mail dated 28-8-14 but the same was not redressed. Original photographs of the product show that the product had 3 years warranty on MEGNATONE. Accordingly, the case of the complainant stands established while OP has not come forward and not controverted the allegations in the complaint. Hence, the complaint is deemed to be proved.
5. Therefore, we hold OPs guilty for deficiency in service and harassing the complainant and direct both the OPs jointly and severally to repair the Microwave make of Electrolux model No. G26K101SBCG and to refund Rs. 1730/- the amount wrongly charged by OP2 and also an amount of Rs. 3000/- compensation for harassment and litigation cost.
6. This order shall be complied within 30 days from the date of receipt of copy of this order.
7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.

 

Announced on: - 30-10-2015

 

(N.K.Sharma)          President

(Nishat Ahmad Alvi)                                     Member