BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Rakesh Kapil  son of L.Sh.S.C.Kapil, R/o H.No.635, Milk Colony Dhanas, U.T. Chandigarh.

….…Complainant

                           V E R S U S

1.    Electroux India Ltd. through its Managing Director, Plot No.248, Udyog Vihar Phase-IV, Gurgaon, Haryana.

2.    Pinky Electronics Through its Prop. SCO No.1113, Sector 22-B, Chandigarh.,

3.    Jasbir Singh Max Appliance Care 25/3 Industrial Area, Phase II, Chandigarh.

4.    Videocon Industries Limited, through its Divisional Manager SCO 81-82, Sector 17-C, Chandigarh. 

                                  ..…Opposite Parties

CORAM:   SH.P.D.GOEL, PRESIDENT

              DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

Argued by: Sh. Dinesh Badhwar, Counsel for the Complainant.

OP No.1 & 4 already ex-parte.

Sh.Susheel Gautam, Counsel for OP No.2.

Sh.Jasbir Singh, OP No.3 in person.

PER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

             As per the averments of the complainant, he purchased a Double Door Electroux Refrigerator from OP No.2 on 4.7.2006 for Rs.12,400/-, but OP No.2 failed to supply the copy of original bill. The refrigerator developed a defect in the month of March 2010 and stopped working completely. The complainant thereafter made call to Customer Care Centre, whose number was given by OP No.2. The customer care call center of the company deputed two engineers who inspected the refrigerator and recommended to get it repaired from OP No.3. The OP No.3 told the complainant that Gas in the refrigerator is to be refilled and compressor is also defective and the same would be replaced without any charges as the same is under warranty period. The OP No.3 charged Rs.3550/- from the complainant, but refused to refund the amount even on producing the invoice. The refrigerator/compressor was got repaired  and handed over to the complainant with a three months warranty, but the refrigerator again stopped working completely before the expiry of three months warranty. The Customer Care Centre told the complainant to approach OP No.4. It is alleged that complainant made repeated requests and visits to OPs to repair the refrigerator and refund the amount, but to no avail. Hence this complaint. 

2.             OP No.1 did not turn up despite service and suffered ex-parte. OP No.4 refused to accept the service and hence proceeded against ex-parte.

3.             In their written reply, OP No.2 pleaded that at the time of purchase of the product in question; the complainant was given second copy of the bill. It is pleaded that there is no deficiency in service on the part of the OP No.2. In these circumstances, the complaint deserves to be dismissed.

4.             OP No.3 in his reply stated that refrigerator of the complainant was repaired to his entire satisfaction and receipt was issued with regard to the charging of the amount of Rs.1250/- as service and filling of a gas and Rs.2000/- as replacement of compressor, which was charged provisionally subject to the condition that complainant will produce the original bill/invoice with regard to purchase of refrigerator. It is pleaded that the complainant has not produced any invoice. A prayer for dismissal of the complaint has been made.

5.             Parties led evidence in support of their contentions.

6.             We have heard the learned counsel for the contesting parties & OP No.3 and have also perused the record. 

7.           The main grouse of the complainant in this complaint is that the Electroux Refrigerator which was purchased from OP No.2 vide Annexure C-1, developed default in the month of March 2010 and stopped working completely. The Engineers of OP No.2 inspected the machine and gave the complainant a telephone number as well as address of their customer service centre to get it repaired from OP No.3. When it was inspected by engineers of service centre, they told the complainant that compressor will be replaced and refilling of the gas will be done on making provisional payment. The complainant was also asked to provide the original bill of the machine in order to ascertain whether the refrigerator is within the warranty period in order to make such replacement free of costs as per warranty. But the complainant stated that the refrigerator in question has again stopped functioning after repair done by service centre of the OP. As per version of the complainant, the said machine stopped functioning completely prior to the expiry of the three months warranty period.

8.           From the above discussion and perusal of the record put up by the complainant on file, it has been ascertained that the said machine was repaired by service centre of OP No.2 (dealer) on making provisional payment as has been admitted by OP as well vide Annexure C-2 (amount paid Rs.3250/-). This is admitted fact that one copy of the invoice was kept by OP No.2 at the time of sale, which is correct because out of triplicate, the third copy of the bill was kept placed by OP No.2 at the time of sale. The original bill as also stated by the OP was kept by financier and only the second copy was given to the complainant vide annexure C-1.

9.           Keeping in view the averments made by the complainant, the payment made by the complainant on asking of OP was unwarranted as not covered by the conditions of the warranty. The complaint has merit and is accordingly allowed. As OPs got the money from the complainant on the pretext till the procurement of the original bill inspite of the fact that OP No.2 has got one copy of invoice at the time of sale, the OP No.2 & 3 are jointly & severally directed to refund the payment of Rs.3250/- which has been made by the complainant provisionally, alongwith interest @ 9% p.a. from the date of making the payment till its realization. OP No.2 & 3 are also directed to make the said refrigerator fully functional to the entire satisfaction of the complainant. OP No.2 & 3 are directed to comply with the order within 30 days from the date of receipt of the order failing which they are liable to pay interest @ 18% p.a. from the date of filing of the complaint i.e. 7.9.2010 till the payment is made to the complainant.  

10.          Certified copies of this order be sent to the parties free of charge.  The file be consigned.