Delhi

East Delhi

CC/716/2015

VIJAY KUMAR - Complainant(s)

Versus

GODREJ - Opp.Party(s)

29 Jan 2016

ORDER

          DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

          CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

Consumer complaint no.   716/2015

In matter of

Sh Vijay Kumar, adult

s/o Late Sh Goverdhan Dass

R/o-HN.- 6641,Street no 5, Block9

Karol Bagh, New Delhi…110055……………………………………………..…………….Complainant                                                                   

                                                                             Vs

M/s Gogrej & Boyece Mfg Co. Ltd

Through its Director,

Godrej Bhawan, 2^nd Floor, Sher Shah Suri Marg

Okhla, New Delhi-110065………………..…………………………….………………….Respondents 

                                                                                                       

                                                                                                       Date of Institution – 21/01/2015

                                                                                                       Date of Order         - 03/02/2016                                                                                                                                                            

Order by Dr P N Tiwari, Member : 

Brief Facts of the case                                                                                                   

 

Mr Vijay Kumar, complainant had purchased a Godrej Fridge (GFE-29DZ) on 23/05/2010 from M/s Sargam Electronics vide invoice S/PP2-674. The said fridge had one year warranty. After the expiry of one year warranty period, OP took four year maintenance contract from 22/05/2011 and received payment of Rs 2,880/. In the month of Oct 2014 refrigerator developed problem of leakage of water for which complaints were lodged. The said problem was corrected. Fridge again developed same problem and complainant lodged and problem was corrected.

The complainant after expiry of 4 year maintenance contract, again took 5 yr maintenance contract from 23/05/2015 and paid Rs 4,066 and got warranty terms and conditions. The said fridge again developed same water leakage problem. Complainant lodged number of complaints but respondent did not remove the problems. As the said fridge was under maintenance contract up to 2018 but due to deficient services by respondent, complainant filed              

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                                               Consumer complaint no.   716/2015

 

complaint for refund of fridge amount Rs 16,500/ with 24% interest on it. He also prayed for compensation of Rs 20,000/- for harassment and agony.                                                       

After scrutinizing facts and evidences on record, notice was served. OP submitted their written version. Opponent admitted that the said fridge was purchased on 23/05/2010. The said refrigerator had no manufacturing defect and no complaint ever lodged with opponent in one year from purchase. Opponent admitted that first extended warranty was for four years from 23/05/2011 to 22/05/2015. Complainant further took warranty for three years. Opponent denied for taking next AMC for five year. It was taken from 23/05/2015 to 22/05/2018 for three years as per annexure C3. It is also admitted by opponent that the drain pipe got choked due to food particles. Opponent also denied the allegation that the defective fridge was sold. As no complaint about the defect has ever been lodged during one year of warranty from the date of purchase but in the extended warranty for four year, the said fridge developed water leaking problem and that too was rectified. The problems occurred in the end of four year of AMC, too were corrected. There after further AMC of three year taken which is still valid up to 22/05/2018 and problems were timely rectified.

The complainant filed application for interim relief u/s sec. 13(3)B of CP Act,1986 for providing alternate working fridge of same category till the problem exits. Opponent filed their objections to interim relief application. The opponent said that they do not deal in sale /purchase/renting business of old refrigerators.

Complainant and opponent filed their evidences on affidavit and are on record. The terms and conditions on record clearly show that the internal sealed parts are under AMC. Parties filed their written arguments. Arguments heard.

After seeing the evidences on record, it is clear that the said refrigerator had no problem in first year of warranty after its purchase date. The warranty was extended for four years after expiry of one year product warranty. The said problem of leaking of water started at the end of fourth

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                                                 Consumer complaint no.   716/2015

 

year of AMC and that too was rectified. The said AMC is for the repair and maintenance of the parts covered under the contract. Problems were rectified accordingly. The complainant further took a three year warranty which is valid till 22/05/2018 and water leakage problem re started and still persisting.

 

We allow complaint partly. Opponent is directed to replace the defective part within 30 days from this order as AMC contract is valid up to 22/05/2018. If not replaced the defective parts in time, refund the second AMC amount Rs 4066/ with 9% interest till realization. We further award compensation of Rs 5000/ for harassment, mental pain and agony caused to complainant. Failing to comply the order in time, the complainant shall be entitled for 9% interest on entire amount till paid. 

The order copy be sent to parties as per act and file be consigned to record room.

 

 (Dr) P N Tiwari -Member                                                                   Md Poonam Malhotra-Member                   

                                       

                                                      Mr N A Zaidi - President

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