Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 355 of 4.9.2019 Decided on: 20.1.2023 Bhagwan Dass, aged 65 s/o late Sh.Sajju Ram, R/o House no.52, Street No.23, near Peer Baba Dargaha, Tripuri Town, Patiala. …………...Complainant Versus - Electrowaves L.G.Refrigerator, head Office, Sirhind Road, Patiala-175-2361777, Moibile:98787-60333.
- L.G.Electronic India Pvt. Ltd. Plot No.194-95, IInd Floor, Industrial Area, Phase-II, Chandigarh-0172-5087390. …………Opposite Parties
Complaint under the Consumer Protection Act QUORUM Sh. S.K.Aggarwal, President Sh.G.S.Nagi,Member ARGUED BY Sh.Parminder Singh Pannu, counsel for complainant. Opposite Party No.1 ex-parte. Sh.K.S.Rajpal, counsel for OP No.2. ORDER S.K.AGGARWAL,PRESIDENT - The instant complaint is filed by Bhagwan Dass (hereinafter referred to as the complainant) against Electrowaves L. G. Refrigerator and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- Brief case of the complainant is that on 10.7.2019 he purchased L.G.Refrigerator, 270 ltrs. for Rs.20,300/- from OP No.1.After some days when complainant de-frost the refrigerator , tray fitted in the back side of the refrigerator was full with water and also over flowed on the floor. In this regard complainant made complaint on the toll free number of the OPs, who sent their mechanic Nitin Kumar to the house of the complainant. Nitin Kumar opened the tray and emptied the same but the problem could not be solved as when he again defrost the refrigerator water overflowed from the tray fitted in the refrigerator. Complainant again made complaint in this regard but of no avail. Then the complainant requested for the replacement of refrigerator but nothing was done. There is thus deficiency in service on the part of the OPs, which caused mental agony and harassment to the complainant. Consequently, prayer has, thus been made for acceptance of the complaint.
- Upon notice, OP No.2 appeared through counsel and filed the written statement while OP no.1 did not bother to appear despite receipt of notice and was proceeded against exparte vide order dated 13.11.2019.
- In the written statement filed by OP No.2, it took various preliminary objections. It is pleaded that every refrigerator meant for making ice while working and when anybody defrost the same, ice water will fall in the tray and if there is excess water it will come out of the tray ,as there is limited capacity of the tray .
- On merits, it is admitted that Nitin visited the house of the complainant on 7.8.2019 to attend the complaint vide job No.RNP190806015482.The refrigerator was working fine. It is further averred that the refrigerator which are double door are auto-defrost and the refrigerators which are single door are manually defrost and this fact was in the knowledge of the complainant and now he wants to change the refrigerator with another double door model. There is no deficiency in service on the part of the OP or manufacturing defect in the refrigerator. After denying all other averments, the OP has prayed for the dismissal of the complaint.
- In order to prove his complaint complainant Bhagwan Dass has furnished his self declaration, Ex.CA, self declaration of Om Parkash, Ex.CB, copy of invoice,Ex.C1 and closed the evidence.
- In rebuttal, ld. counsel for OP No.2 has tendered in evidence Ex.OPA affidavit of Sumit Kumar, Area Incharge, LG electronics and close evidence.
- We have heard the counsel for the contested parties and have also gone through the record of the case, carefully.
- Admittedly complainant had purchased refrigerator from OP No.1 vide invoice No.GST-1913 dated 10-July-2019,Ex.C1. The grievance of the complainant is that there is spillage of water from the drain tray provided at the back of the refrigerator. Complainant had not made any complaint regarding any other defect or any cooling issue in the refrigerator. It is a normal process in the direct cool refrigerator that the defrosting had to be done manually. The drain tray provided at the back of the refrigerator had to be cleared/emptied periodically and more so during the rainy season when there is lot of moisture and humidity in the atmosphere .This exercise of defrosting of refrigerator and draining the tray is to be carried out by the complainant/customer himself. A drain tray with unlimited capacity cannot be supplied with the refrigerator. The onus of draining the tray cannot be shifted upon the OPs. As such there is no manufacturing defect in the refrigerator. Finding no merit in the complaint, the same is hereby dismissed. Parties are left to bear their own costs.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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G.S.Nagi S.K.AGGARWAL Member President | |