DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 292/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
PIYUSH YADAV,
S/o SH. RAJVIR YADAV,
R/o R-20, MODEL TOWN-3,
DELHI-110009.
AT PRESENT: A-601, GALAXY ORION,
PLOT No.-50-A, SEC.-35D, KHARGHAR,
NAVI MUMBAI, MAHARASHTRA-410210… COMPLAINANT
Versus
1. ELECTRONIC SHOPPE,
(NAVEEN ELECTRONICS),
H-4/4, MPDEL TOWN-2,
NEW DELHI-110009.
2. CLUES NETWORK PVT. LTD.,
BUILDING No.112, SEC.-44,
GURUGRAM-122001(HARYANA).
3. HAIER APPLIANCES INDIA (P) LTD.,
BUILDING No.1, OKHLA INDL. ESTATE,
PH-III, OPP.-MODI MILL,
NEW DELHI-110020. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 11.04.2017
Date of decision:06.12.2019
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MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that on 02.09.2016 through a website of OP-2, the complainant ordered a Haier HW551010ME Fully Automatic Front Loading Washing Machine, 5.5 KG, Colour-Silver via order no.98182628 which was being sold by OP-1 and the price of the product including shipping charges was Rs.17,098/- which was paid by the complainant and the product was delivered to the complainant on 12.09.2016. Thereafter, the complainant opened the box of the washing machine and shocked and could not believe his eyes when the complainant found that the washing machine which was delivered to the complainant was damaged, broken, coils were blackened and not capable of being used and there were dents on various parts of the body of washing machine and the outer box was in damaged condition. The complainant further alleged that the complainant immediately raised a complaint with Haier customer care and next day i.e. 13.09.2016, a Haier executive visited the complainant and after inspecting the washing machine, he gave report “set damaged” and told that the product is not operable. Thereafter, the complainant on 14.09.2016 raised a complaint with OP-2 and also raised a written request with OP-2 for returning of the damaged with operable washing machine and for refund of the
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amount and the ticket ID was 7705891 and it was promised that the request will be processed within 3-4 days and the request of the complainant will be resolved as soon as possible. After few days, when there was no communication from OP-2, the complainant contacted OP-2 and the complainant was shocked when OP-2 told that his claim for return was rejected even after complying with all the terms of refund and no reason was provided to the complainant for rejection of his bonafide and genuine claim. The complainant further alleged that the complainant also contacted OP-3 multiple times regarding his grievance but there was no resolution and the complainant also sent legal notices two times to OPs but till date neither there has been any reply nor there has been any resolution of the complaints of the complainant and the complainant further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the amount of Rs.17,098/- alongwith interest @ 18% p.a. from the date of lodging of the claim till the date of payment as well as compensation of Rs.40,000/- for causing him mental agony and harassment and has also prayed for grant of legal expenses of Rs.20,000/-.
3. Notices to OPs were issued through speed post for appearance on 31.07.2017 and OP-1 & OP-3 were served on 12.05.2017 and OP-2
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was served on 13.05.2017 as per track reports but none has appeared of OPs on 31.07.2017. As such OPs are proceeded ex-parte vide order dated 31.07.2017.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of order no., payment receipt of the amount paid by the complainant through website of OP, copy of serial no. of the product, copy of some photographs, copy of job sheet dated 13.09.2016 issued by Haier customer care, copy of written request by the complainant through website & copy of refund rejected, copy of complaint and notices through mail.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, even after receiving notice of the case from the Forum OPs have kept mum and have not bothered to answer the case and it seems that OPs have no defence at all in their favour. On perusal of the record, we find that the complainant made complaints of his Washing Machine to OPs immediately after receiving the disputed washing machine which was found in damaged condition and said fact is also proved by the job sheet dated 13.09.2016 issued by the Executive of OP-3 on inspection of the disputed product. It was the duty of OPs to replace and rectify
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the defect once for all. A customer/consumer is not expected to filecomplaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, OP-2 & OP-3 are held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP-2 & OP-3 jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.17,098/- being the price of the Washing Machine paid by the complainant on return of the disputed product alongwith invoice.
ii) To pay to the complainant an amount of Rs.30,000/- as compensation for causing mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.8,000/- towards cost of litigation.
7. The above amount shall be paid by OP-2 & OP-3 jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 & OP-3 jointly or severally shall be liable to pay interest on the entire awarded amount @ 10% per annum from thedate of receiving copy of this order till the date of payment. If OP-2 & OP-3 fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
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8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 6th day of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
