Haryana

Kurukshetra

CC/32/2019

Geeta Singh - Complainant(s)

Versus

Haryana Sales - Opp.Party(s)

Sanjeev Dhawan

04 Jun 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint no. 32 of 2019.

Date of instt. 21.01.2019. 

                                                                          Date of Decision: 04.06.2019.

 

Geeta Singh wife of Shri Sunil Kumar, resident of House No. 862, Sector-13, Urban Estate, Kurukshetra. 

                                                                ……….Complainant.      

                        Versus

 

1. Haryana Sales, Opposite Sector-17, Arya Samaj Market, Railway road, Kurukshetra through its Proprietor.

 

2. IFB Care, Gali No.3, Kailash Nagar, Thanesar, Kurukshetra through its owner/ proprietor.

 

3. Industrial Limited, L-1, Verna Industrial Estate VERNA, Salcete Goa- 403722 through its authorized person/ Director.

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before       Smt. Neelam Kashyap, President.    

                Ms. Neelam, Member. 

                Sh. Sunil Mohan Trikha, Member                                          

Present:     Sh. Sanjeev Dhawan, Advocate for complainant.            

 Opposite parties already exparte.

 

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Smt. Geeta Singh against Haryana Sales and others, the opposite parties.

2.             It is stated in the complaint that op no.1 is having his shop at Kurukshetra and ops no.2 and 3 are the customer care and company of the microwave oven. That being attracted from the advertisement of the ops, the complainant purchased a IFB microwave oven from opposite party no.1 for a sum of Rs.12,400/- vide invoice no.3234 dated 9.10.2017. That at the time of purchase of said product, the op no.1 assured the complainant that the said product is of best quality and genuine one and would not give any kind of problem and also assured to provide best services during the warranty period but from the very beginning, the said microwave oven was having some manufacturing defects, hence it was not working well from very beginning. After 20 days of purchase, the complainant went to op no.1 and requested to remove the said defects and op kept it for repairing and returned back it after two months by giving assurance to give best services but all in vain and after some time, same problems again occurred and the op did not pay any heed to the requests of complainant and postponed the matter on one pretext or the other. It is further averred that after this, said microwave oven became totally out of order, so the complainant approached ops no.2 and 3 and requested to remove the problems. Op no.2 took said product but after expiry of some time, op no.2 told the complainant that there are some manufacturing defects in this product, which cannot be removed and it is difficult to make the microwave oven in working condition and returned the same to the complainant though same is in warrantee period. It is further averred that complainant deposited the above said product to the ops many times but they have totally failed to repair the defects. That thereafter on 28.12.2018, complainant approached the ops and requested either to repair or to replace the said product with a new one but the ops flatly refused to replace the same or to remove defects. As such there is great deficiency in service on the part of ops. Hence, this complaint.

3.             On notice, opposite parties no.1 to 3 did not appear and were proceeded against exparte.

4.             Learned counsel for complainant tendered affidavit Ex.PW1/A, challan Ex.C1, cash credit memo Ex.C2, particulars of microwave oven Ex.C3.

5.             We have heard learned counsel for the complainant and have perused the case file carefully.

6.             The complainant in order to prove her case, has furnished her affidavit Ex.PW1/A in which she has reiterated all the averments made in the complaint. From cash/ credit memo dated 9.10.2017 Ex.C2, it is evident that complainant purchased the microwave oven from op no.1 for a sum of 12,400/-. The complainant alleges manufacturing defect in the microwave oven and that same could not be repaired by the ops despite deposit of the same with them for several times within warrantee period. The pleadings and evidence led by complainant goes as unchallenged and unrebutted as ops have failed to appear before this Forum rather opted to be proceeded against exparte. As such it is proved that ops have caused deficiency in service towards the complainant.

7.             In view of the above, we allow the present complaint and direct the opposite parties to replace the microwave oven in question of the complainant with a new one of same make and model without any cost within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the ops.  A copy of this order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.: 4.6.2019 

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Neelam)           (Sunil Mohan Trikha)        

                Member                     Member