Haryana

Ambala

CC/53/2019

Ranjit Singh - Complainant(s)

Versus

H.K Electronics - Opp.Party(s)

In Person

27 May 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        :  53 of 2018

                                                          Date of Institution         :  20.02.2019

                                                          Date of decision   :  27.05.2019

 

 

Ranjit Singh S/o Sant Singh R/o H.No-619, Shyam Nagar, Babyal Road, Ambala Cantt.

 

…. Complainant.

                                                          Vs.

 

1.       H.K. Electronics, 43,44, Rai Market, Ambala Cantt District Ambala, Haryana. (Through its Prop.)

2.       Universal Electronics, Gandhi Market, Ambala Cantt, (Service Centre of Videocon Washing Machine), through its Service Manager.

3.       Videocon Industries Limited, 15 km Stone, Aurangabad –Paithan Road, village Chitegaon, Taluka Paithan, District Aurangabad (Maharashtra) -431105.

 

….. Opposite Parties

  

 

Complaint Under Section 12 of the Consumer Protection Act

 

 

Coram:       Ms. Neena Sandhu, President

Ms. Ruby Sharma, Member.

Sh. Vinod Kumar Sharma, Member.

.

                            

Present:       Complainant in person.

OPs ex parte v.o.d. 12.04.2019.

.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties(hereinafter referred to as ‘Ops’) praying for issuance of  following directions to them:-

1. To  pay Rs.27,990/- alongwith 18% interest from the date of filing the complaint till its realization or to replace the washing machine with new one .
2. To pay of Rs.30,000/- as compensation for mental agony and physical harassment alongwith litigation expenses.   

 

Or

any other relief whichthis Hon’ble Forum may deemfit.

 

 

The brief facts of the complaint are that the complainant had purchased  a washing machine bearing No.VT75C45-LGY (42091627016-7501608) Videocon W/M from the OP No.1 vide bill no.15413 dated 20.06.2017, after paying Rs.27,990/- having 08 years warranty/2 years guarantee.  After purchase the above said washing machine in first period was running correct, but on 13.11.2018 the above said washing machine was creating trouble for washing the clothes and the washing machine has become out of order. The complainant approached to the OP No.1, for repair the defected part of the washing machine. The OP No.1 registered as complaint with the authorized service centre of Videocon washing machine vide regd no.GUR 131120180027 dated 13.11.2018, thereafter the authorized mechanic/ representative OP No.2 visited the house of the complainant. After checking the above machine, he told the complainant that the mother board of the washing machine is out of order and the same is required to be changed. After that the complainant approached to the OPs No. 1 and 2 several times personally as well as telephonically. He visited at the service centre but all in vain. Due to this act of the Ops, the complainant has suffered a lot of mental agony and physical harassment and financial loss. Hence, the present complaint.

2.                Upon admission of the complaint, notices were sent to the Ops through registered post. None have appeared on behalf of the OPs and they were proceeded against ex-parte vide order dated 12.04.2019.

3.                To prove his version complainant tendered affidavit as Annexure C-A along with documents as annexure C-1 to C-3 and closed the evidence.

4.                We have heard counsel for the complainant and carefully gone through the case file.

5.                It is not disputed that the complainant had purchased a washing machine bearing No.VT75C45-LGY (42091627016-7501608) Videocon W/M from the OP No.1 vide bill no.15413 dated 20.06.2017 after paying Rs.27,990/- with 08 years warranty/2 year guarantee. The complainant lodged his complaint with regard to his washing machine with the OPs several times as mentioned in the para no.3 of the complaint. Despite repeated request made by the complainant, the OPs failed to replace/repair the defected part of the washing machine in question. In the present case, the OPs failed to appear before this Forum and they were proceeded against ex-parte. The contents enumerated in the complaint remained un-rebutted.

During the course of argument, the complainant reiterated his version mentioned in the complaint. The complainant has also stated that the washing machine is in his possession as on date and has prayed that his complaint may be allowed. We are of the view that complainant is entitled to replace the defective part of the washing machine of the complainant. OPs are liable to pay compensation for mental agony and physical harassment. 

6.               In view of the aforesaid discussion, we allow the present complaint and direct the OPs in the following manner:-

1. To replace the defective part of the washing machine of the complainant.
2. To pay Rs.5,000/- as compensation on account of physical harassment and mental agony.
3. To pay Rs. 3,000/- as litigations expenses.

 

The Ops are further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :27.05.2019

 

 

 

 

          (Vinod Kumar Sharma)    (Ruby Sharma)     (Neena Sandhu)

              Member                         Member               President