Punjab

Fatehgarh Sahib

RBT/CC/1054/2018

Jarnail Singh - Complainant(s)

Versus

Indian Electronics - Opp.Party(s)

kulwinder singh

04 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                               COMMISSION

                          FATEHGARH SAHIB

 

RBT no.	:	CC/1054/2018
Complaint No.	:	RBT/CC/1054/2018
Date of Institution	:	08/10/2018
Date of Decision	:	04/05/2023

 

Jarnail Singh S/o Tarsem Singh R/o VPO Rurki Pukhta , Kharar, Mohali

1.  

 

 

1. Indian Electronics, Landran Road, Near P.N.B Bank , Kharah ,Mohali through its Director/Manager/Incharge/Prprietor.
2.  Videocon Industries Ltd., Plot No.296. Udyog Vihar, Phase-2 , Gurgaon through its Director /Manager/Incharge/Proprietor.

 

                                                                   ….......Opposite Parties

 

Complaint under Sections 12  of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava,  Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh.Kulwinder Singh, counsel for complainant .

             Sh.Himanshu Garg, counsel for OP no.1.

             OP no.2 Ex-Parte.

    

            The complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer to give directions to the OPs to replace the refrigerator or to refund  amount of Rs.15,000/- the cost  of refrigerator  , to pay Rs.25,000/- as compensation for harassment   and to pay  Rs.15,000/- as  cost of litigation expenses to the complainant .

1.  The complainant  purchased one refrigerator of Videocon Company Model no. VF233 for Rs.15,000/- from OP no.1 on 18.10.2017.  The refrigerator carries comprehensive  warranty of 1 year and 5 years warranty for motor of refrigerator The refrigerator started giving problem of over cooling in the month of July , 2018 i.e after 8 months from the date of purchase and the complainant approached OP no.2 on 7.7.2018 and lodged his complaint. Service Engineer of OP no.2 visited the house of complainant and  checked the refrigerator. They toldthe complainant that  problem is rectified and now there will be no problem in the  working  of refrigerator.  Within 15 days of repair , the refrigerator again started giving  same problem. The complainant lodged the complaint to OP no.2 .  OP no.2  told the complainant that some parts needs to be replaced. But despite many requests/complaints  , neither any of engineer of OP no.2 came to house of complainant nor the refrigerator is repaired. Hence this complaint.
2.    Notice of the complaint was given to the OPs  through registered Post.  OP no.1  appeared through  his counsel and filed written version. OP 2 did not appear despite service of summons . OP no.2 was proceeded against Ex- Parte vide order dated 28.10.2022 
3. The complaint has been contested by the OP no.1 and filed written version by raising various Preliminary objections. The complainant has approached the OP no.1  and made complaint regarding the defect in refrigerator .  His complaint was acknowledged  and forwarded to the op no.2 who is manufacturer and responsible to cure the defect within the warranty period. OP no.2 sent his engineer to check the problem of refrigerator.  The OP no.1 is a dealer . Whole responsibility of the articles is that of OP no.2. OP no.1 is not at any fault and OP no.2 is responsible for the manufacturing defect and to repair the said refrigerator. Hence, the OP no.1 has prayed for dismissal of complaint.
4. The complainant in support of his complaint has tendered  in evidence copies of documents   i.e Ex.C1 invoice dated 18.10.2017, Ex.C2 warranty card , Ex.C3 affidavit  and closed his evidence.
5. The OP no.1 has produced  affidavit and document along with reply i.e  Ex.R1 complaint register .
6. Heard , Entire record has been perused.
7. Admittedly , the complainant had purchased a Videocon Company refrigerator model no.VF-233 for Rs.15000/- from OP no.1 on 18.10.2017. The main grouse of the complainant is that   the  refrigerator was over cooling  and defect was taken up by the complainant with the OPs  . However , the same was checked and defect was rectified.  Again after some days , same problem occurred and number of complaints made to the OPs  but service engineers of OP did not come. From  the perusal of the file, we find that defect occurred within a year  from the date of purchase as per Ex.C1. The product  was in warranty period. Further record pertains to the complaints made by the complainant with the OPs as per Ex.C3. The allegations made by the complainant are supported by way of his affidavit .
8. As  a corollary of our above discussion . We are of the considered view that  if a refrigerator  yields improper service and needs replacement of spare parts during the warranty period ,  it indicates manufacturing defect.   The manufacturer and dealer are  therefore , severally & jointly liable  as under:-

            [a] To replace refrigerator of same value or if in case they cannot replace then to refund price of refrigerator i.e Rs.15,000/- .

[b]   To pay  Rs.5000/-  compensation for harassment  and litigation charges to the complainant.

             [c]  Complainant is directed to return the old refrigerator simultaneously

Compliance of the order be made by the OP1,2 within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record Room.

         Pronounced 04 May 2023      

                                                        (S.K. Aggarwal)

                                                                 President

                                                                    

 

                                                                ( Shivani Bhargava )

                                                                         Member

    

                                                                ( Manjit Singh Bhinder )

                                                                          Member