Haryana

Panchkula

CC/501/2021

VISHAL SAGAR. - Complainant(s)

Versus

HAIER APPLIANCES INDIA PVT.LTD. - Opp.Party(s)

HARSHIT

28 Nov 2022

ORDER

            BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	501 of 2021
Date of Institution	:	02.12.2021
Date of Decision	:	28.11.2022

                                                        

 

Vishal Sagar son of Mr. Mahesh Sagar, resident of House No.739, Sector-10, Panchkula-134109.

 

                                                                           ….Complainant

Versus

1.     Haier Appliances India Pvt. Ltd. Situated at Building Number-1, Okhla, Industrial Estate Phase-III, opposite Modi Mill, New Delhi-       110020.

2.     Consulting Rooms Private Limited, Situated at Office No.1106-   1107, 11^th Floor, Kailash Building, 26 Kasturba Gandhi Marg,      Connaught Place, New Delhi, Central Delhi,  New Delhi-110001.

        Second address:- Consulting Rooms Private Limited  c/o Instakart      Services Pvt. Ltd. Nahar Industrial Enterprises Ltd. Box no. A/1,    Focal Point, Plot No.B-3, B-8 & A-4, Ludhiana, Punjab-141010                                                                                                                                                                                                                ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

                        Dr.Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Sh. Harshit, Advocate for the complainant.

                        OPs No.1 & 2 already ex-parte vide order dated 11.05.2022.

                       

ORDER

(Per Satpal, President)

1.             The brief facts of the present complaint are that the complainant purchased  a product of OP No.1, namely, Haier 320 L Frost Free Double Door Bottom Mount 2 Star(2020) Refrigerator, IMEI/ Serial No.BL04ZE0AE01T3L7M0001 in exchange of Samsung Double Door refrigerator from OP No.2 through Flipkart Online Shopping  on 21.10.2020 with one year warranty. In May 2021, the refrigerator started problems with the bottom compartment (i.e.Freezer) of the said product as it wasn’t cooling properly.  On 24.05.2021, the complainant contacted the customer care service of OP no.1, thereafter, a technician, namely, Sh.Narender visited the house of the complainant and after checking the refrigerator said that there is an ice blockade which is removed and thereafter, he left. After only a couple of hours of the temporary fix, the said product started malfunctioning and again he lodged a complaint, Sh.Narender visited again and after some fixing claimed that the issue has been permanently resolved and the bottom compartment of the refrigerator will perfectly function. Thereafter, the said product again started popping-up and he lodged complaint on 05.07.2021, Sh.Narender visited the house of the complainant and after some fixing assured proper functioning of the said product. Again, since 15.08.2021, the refrigerator was not working properly but after registered complaint, no technician came at that time.  After a delay of 12 days without any prior information the technician, Sh. Narender visited and he choose to further bamboozle complainant, and had complainant turned towards temporary resolutions by welding the gas pipe at the back of the refrigerator. The refrigerator again suddenly stopped working altogether on 21.09.2021. At that time, the representative of OP No.1 clearly admitted the defect in the product and had even offered to return the amount of refrigerator to complainant. The complainant also e-mailed OP No.1 about the unprofessional conduct, deficient services and faulty and defective products of OP No.2. The complainant’s mother has been suffering from Diabetes, Hypertension and Migraine, therefore, the complainant’s mother has to get herself injected twice everyday with Insulin. The complainant requested the OPs/representative of OP No.1, however, no proper response was given and the representative kept delaying the replacement on one pretext or another. Thereafter, the complainant has served a legal notice upon the OPs on 13.10.2021 through registered post but OPs neither replied to the said legal notice nor refunded any amount to him.  Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice were issued to the OPs through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 & 2; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by this Commission vide its order dated 11.05.2022.

3.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-8 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file including synopsis filed by the complainant, minutely and carefully.

5.             During the arguments, the learned counsel for the complainant reiterating the averments made in the complaint as also the affidavit Annexure C-A contended that the refrigerator as purchased by the complainant from OP No.2 vide invoice(Annexure C-1) for a sum of Rs.21,830/- became  defective in the month of May 2021 on account of certain defects in its deep freezer i.e. bottom part of the refrigerator. It is contended that several complaints were lodged with the OPs between May 2021 till September 2021 asking the OPs to rectify the defects in the deep freezer of the refrigerator but despite the repeated visits of the technical person, namely, one Narender, the defects could not be rectified. It is contended that emails followed by the legal notice dated 13.10.2021 were also sent to the OPs requesting them to rectify the defects in the bottom part of the refrigerator i.e. deep freezer but to no avail and thus, it has been prayed that the complaint be allowed by granting the relief as claimed for in the complaint.

8.                The OP No.1 & 2 have preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, they were proceeded ex-parte vide order dated 11.05.2022 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

9.             Evidently, one refrigerator i.e. 320 L Frost Free Double Door Bottom Mount 2 Star(2020) Refrigerator; IMEI/Serial NoBL04ZE0AE 01T3LM0001 in exchange of Samsung Double Door Refrigerator was delivered by the OP No.2 at the residence of the complainant vide invoice dated 21.10.2020 for a sum of Rs.21,830/-. It is also evident as per invoice(Annexure C-1) that the refrigerator had warranty of one year. As per Annexure C-2 and Annexure C-2(colly)) five complaints dated 24.05.2021, 27.05.2021, 05.07.2021, 27.08.2021, 21.09.2021 were lodged at the customer care numbers of OPs but the defect in the AC could not be rectified by the technical person, namely, Sh. Narender as deputed by the OPs. Further, email (Annexure C-3) and Annexure C-3(colly) followed by legal notice (Annexure C-5) were also sent to OPs but neither the defects in the bottom part of the refrigerator were rectified nor replacement of the product was made by the Ops. Though the complainant has alleged that the refrigerator was required by him for keeping the insulin injection etc in the refrigerator as required for his mother in view of her diabetic condition bill of medicine as per Annexure C-7, C-8 but it is a well known fact that the refrigerator now a days is an essential item in our day to day life and not a luxury. As per Mark ‘A’ and Annexure C-4 new refrigerator has been purchased by the complainant for his requirement. From the above stated facts it is clear that Ops were deficient while not responding to the genuine request of the complainant; hence, the complainant is entitled to relief.

10.            As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP No.1 & 2:-

1. To pay a sum of Rs.21,830/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization subject to return the refrigerator to the OPs No.1 & 2. 
2. To pay an amount of Rs.5,000/- to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/- as cost of litigation charges.

               

11.            The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 28.11.2022

 

 

 

        Dr.Sushma Garg         Dr.Pawan Kumar Saini,          Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                               Satpal

                                         President