21.2.2017 Present:- Sh.Varun Bansal, A.R of complainant.

IPO worth Rs.100/- deposited with the complaint as fee be deposited in the relevant head as per notification dated.10.02.2005 by the Superintendent.

Shorn of unnecessary details, brief facts of the complaint are that on 26.10.2011, the complainant purchased one IFB microwave oven for Rs.13,200/-. On 19.1.2017, the microwave started malfunctioning. The matter was reported to opposite party No.1 vide ticket No.19060313 generated by opposite party No.1. On 24.1.2017, one mechanic from opposite party No.3 visited the house of the complainant. He changed the part namely magnetron coil and charged Rs.2690/-. He also took the part of microwave with him. It is admitted that microwave was not in warranty/guarantee. Opposite party No.3 has not given any warranty/guarantee.

It is alleged that the complainant found that microwave was not still working. The matter was again reported to opposite party No.1. On 7.2.2017, another engineer namely Harjinder Singh from opposite party No.3 visited the house of the complainant and inspected the microwave. He applied instrument on the microwave and after few minutes, he revealed that it is not working. He has done some temporary resolution in the matter. On 8.2.2017, the complainant made correspondence with opposite parties and their engineer namely Rakesh visited his house. He inspected the microwave and disclosed that PCB worth Rs.2200/- 2300/- is to be changed. The complainant has alleged that opposite parties are deficient in service and everytime they replaced the part of microwave and consumed heavy amount from him.

On this backdrops of fact, the complainant has alleged deficiency in service and has prayed for following reliefs

a) Replace the said dead microwave with new microwave oven or replace the said defective part and make it good;

b) Pay compensation as sum of Rs.25,000/- towards the physical strain and mental agony suffered by the complainant and his family members in senior citizen age;

c) Pay cost of complaint.

Hence this complaint.

We have heard A.R of complainant on the point of admission of complaint.

A.R of complainant has reiterated his stand as taken in the complaint and detailed above. It is further pointed out that job card dated 24.1.2017 proves that opposite parties had issued bill of the office of Ludhiana and old part has been taken whereas they have no right to take old part because they have charged the full amount of new part. The complainant has alleged that microwave is not still working, other job cards dated 7.2.2017 and 8.2.2017 prove that the complaint was regarding 'microwave is not working'. All these job cards prove that opposite parties have failed to do needful. It amounts to deficiency in service. The complainant is entitled to reliefs as claimed for.

We have given careful consideration to these submissions.

As per complainant himself, microwave was purchased on 26.10.2011. Admittedly, warranty/guarantee, if any has already expired. The complainant has alleged that firstly, he got repaired the microwave vide job card dated 24.1.2017. This job card is signed by him acknowledging complete satisfaction with the services carried out on his appliance. Of-course, he has placed on record another job cards dated 7.2.2017 and 8.2.2017, but as per complainant, engineer has revealed that now PCB worth Rs.2200/- 2300/- require replacement. As microwave is more than 5 years old and is without warranty. Therefore, the complainant is required to pay charges for the services. In these circumstances, the documents relied upon by the complainant also prove his complete satisfaction regarding services availed on 24.1.2017.

Keeping in view the facts of the case, the reliefs claimed by the complainant are considered beyond any warranty/guarantee. Therefore, the complaint is not admissible and dismissed. Copy of this order be sent to the complainant free of cost. File be consigned to the record room.

Announced:-

21.2.2017

(Jarnail Singh) (M.P.S Pahwa)

Member President