BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                   Complaint No.:235 of 2016

                                                                   Date of Institution: 02.11.2016

                                                                   Date of Decision:07.03.2017

Krishan Kumar son of Shri Gyan Singh, resident of village Tigrana, Tehsil & District Bhiwani.

                                                                           ….Complainant.

                                      Versus

Proprietor (Deepak) Electronics Point near Ch. Bansilal Kothi, Hansi Road, Bhiwani.

                                                                   …...Opposite Parties. 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

                   Ms. Anamika Gupta, Member.

                   Mrs. Sudesh, Member.

Present:-      Complainant in person.

 OP exparte.

ORDER:-

Rajesh Jindal, President:

                   The case of the complainant in brief, is that the complainant had purchased D Freeze HCF 588 HTCE vide bill memo no. 1161 dated 29.05.2015 amounting to Rs. 30000/- with one year warranty.  It is alleged that soon after purchase the compressor of the not working.  It is alleged that he visited several times to the OP to get rectify the defects in the compressor  but the OP did not rectify the defects of the compressor.   The complainant further alleged that due to the act and conduct of the respondent, he had to suffer mental agony, financial loss and physical harassment. Hence, it amounts to deficiency in service on the part of opposite party and as such, he had to file the present complaint for seeking compensation.

2.                 OP has failed to come present.  Hence he was  proceeded against exparte vide order dated 02.02.2017.

3.                In order to make out his case, the  complainant has tendered into evidence affidavit Annexure C1/A and document  Annexure C-1.

4.                 We have gone through the record of the case carefully and have heard the complainant in person.

5.                The complainant in person reiterated the contents of the complaint.  He submitted that  the complainant had purchased the D Freeze from OP  vide bill dated 29.05.2015 Annexure C-1 with warranty of 12 months.  The D Freeze  is not working properly and the complainant made complaint to OP  but the OP failed to repair or replaced the D Feeze of the complainant.

6.                We have perused the record carefully.  The complainant in support of his case has produced the bill Annexure C-1.  No report of any expert has been placed on the record regarding the defect in the D Freeze.  The complainant has not specifically mentioned the defect in the D Freeze.  Under Section 13 (1) (c ) of the Consumer Protection Act, the complainant is bound to procure the analysis or test report from the expert, as envisaged in the said section, to prove the manufacturing defects in the D Freeze.  Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the OP to remove the defects in the D Freeze  by replacing the defective parts, if any, free of charge.  The complainant is directed to approach the OP or his  service centre for the removal of the defects within 15 days from the date of passing of this order and the OP is  directed to remove the defects immediately. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 07.03.2017.                          

      (Rajesh Jindal)                           

President,

                                                          District Consumer Disputes

                                                          Redressal Forum, Bhiwani.

           (Anamika Gupta)          (Sudesh)    

                Member                    Member