Delhi

East Delhi

CC/247/2013

KIRPAL SINGH - Complainant(s)

Versus

HAZRAT VISION - Opp.Party(s)

21 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  247/13

 

Shri Kirpal Singh

R/o B-80, Manavsthali Apptt.

Vasundhra Enclave, Delhi - 96                                               ….Complainant

 

Vs.

 

1. General manager.

Godrej Bhawan, second Floor

Shershah Suri Marg, Okhla

New Delhi – 110 065

 

2. Hazrat Vision

19-20, Lalita Park

Vikas Marg, Delhi-110 092                                      ….Opponent

 

 

Date of Institution: 10.07.2013

Judgment Reserved on: 21.08.2017

Judgment Passed on: 22.08.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Kirpal Singh against General Manager, M/s. Godrej (OP-1) and Hazrat Vision (OP-2) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant purchased a Godrej washing machine, 7.01 Kg., model G-WM-GWS-7002, vide bill        no. 42372 dated 28.02.2012 for a sum of Rs. 8,600/- from Hazrat Vision (OP-2).   OP assured the complainant that he was fully liable for the after sale service up to the satisfaction of the complainant.  The machine was delivered at the residence of the complainant.  Complainant was shocked to see that the lower portion/panel of the machine was damaged and condition of the machine shows that machine was used.  The complainant immediately made a complaint to OP-2 vide complaint no. 1003355805 for the same and assured the complainant that he will get replaced the damaged panel of the machine.  On repeated requests, OP-2 got the damaged panel replaced on 04.04.2012.

          After replacement of the said panel, machine was not working properly, therefore, on 13.06.2012, the complainant again made a complaint vide complaint no. 130425872.  The machine was again repaired on 14.06.2012 on the instructions of OP-2.

          It was further stated that the machine was not working properly even after repair and the complainant met the officials of OP-1 and OP-2 and requested for replacement of the said machine with a new one, but they did not pay any heed. 

          It was also stated that the complainant spent a sum of           Rs. 8,600/- and suffered mental agony and pain due to delivery of defective and used machine by OP-2.  Hence, the complainant prayed for directions to OP to replace the washing machine with a new one; to pay Rs. 20,000/- towards the harassment, mental agony and damages and Rs. 25,000/- litigation charges.

3. In the WS, filed on behalf of General Manager, Godrej (OP-1), they have taken various pleas such as the allegations made in the complaint, do not pertain to OP-1.  It was denied that OP-1 delivered the machine in damaged condition.  It was stated that OP-1 booked a Demo call vide call no. 2802350658 dated 29.,02.2012 which was attended by its service centre on 01.03.2012 and proper demo of washing machine was provided to the complainant on the same day.   It was also submitted that the complaint was registered by the complainant on 10.03.2012 instead of 28.02.2012.  There was no warranty on the damage of plastic part, but as a goodwill gesture and for the satisfaction of the customer, OP-1 had replaced the cabinet panel of the washing machine on 04.04.2012, free of cost. 

          It was admitted that OP-2 received a complaint no. 1306425872 and the same was attended by the technician of OP-1, where a coin was found inside the machine pulsator, which was removed.   Another complaint made in the month of March, 2013 was duly attended, after that the machine was working properly and there was no complaint lodged by the complainant.  Other facts have also been denied.

4.       In support of its complaint, the complainant has examined himself.  He has deposed on affidavit and has narrated the facts, which have been stated in the complaint. 

          In defence, M/s. Godrej have examined Shri Majaz A Khan, Branch Commercial Manager, who has deposed on affidavit. 
He has also narrated the facts/contents of their reply and have got exhibited warranty card (Ex.DW1/1).

5.       We have heard the complainant and have perused the material placed on record as none has put the appearance on behalf of OPs.  From the testimony of the complainant as well as Majaz A Khan, it is noticed that the complainant made complaint from time to time which was attended by the technician of M/s. Godrej (OP-1).  Even, this has also been admitted by the complainant himself who have stated that inner portion of the panel was replaced; however, he has stated that the machine was not working and on 13.06.2012, he again made a complaint.  After that, he have not stated in respect of any complaint made. 

          On the contrary, it has been stated in the testimony of          Shri Majaz A Khan of M/s. Godrej (OP-1) that they received complaints in the month of March, 2013 which was duly attended by their technician and they replaced timer, gear box assembly and adjusted belt.  He has further stated that after that, they did not have any complaint.  This fact has not been stated by complainant, even he has not placed anything on record in respect of any manufacturing defect or any complaint made thereof. 

          Thus, in the absence of any complaint/report of manufacturing defect, there cannot be said to be any deficiency on the part of Godrej (OP-1).  No deficiency can be attributed to Hazrat Vision (OP-2) who are only dealer.  Therefore, the complainant have failed to bring out any deficiency on the part of M/s. Godrej (OP-1) and Hazrat Vision (OP-2).  Thus, the complaint has no merit and deserves its dismissal and the same is dismissed.  There is no order as to cost.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President