BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.344 of 2022
Date of Instt. 19.09.2022
Date of Decision: 19.12.2022
Anikta Hans @ Ankita Hans ( Aadhar No. 3063 3814 2248 ) aged about 41 Years d/o Kewal Krishan wife of Jaswinder Singh resident of H. No.88-A, Street No.7, Civil Hospital Road, Mohalla Baghwala, Shahkot, District Jalandhar at present residing at 30, Cheema Nagar, Jalandhar.
..........Complainant
Versus
1. Infiniti Retail Limited Trading as Croma situated at Ground & 1st Floor, Lajpat Nagar, Jalandhar through Authorized Signatory/Owner/Proprietor/Partner/Director.
2. Infiniti Retail Limited Trading as Croma situated at Ground & 1st Floor, Lajpat Nagar, Jalandhar through its complaint officer Mr. Harshit (Mobile No.89290-34441).
3. Infinity Retail, Unit No.701-702, 7th Floor, Kaledonia, Sahar Road, Andheri East Mumbai-400069, Maharashtra, India.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
OPs exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the husband of the complainant is blind by birth and to take care of her husband she is unable to file and pursue the instant complaint in person before the Commission. The complainant purchased a CROMA INVERTER FF REF 541L 25 CRAR2525 in cash from Infiniti Retail Limited Trading as Croma situated at Ground & 1st Floor, Lajpat Nagar, Jalandhar vide Invoice No.SLA163030014828 dated 06.02.2021 amounting to Rs.34,000/- along with all taxes like SGST +CGST vide Item Code No.221955, including Rs.3904/- for 3 Years Extra Warranty of said Refrigerator. That soon after purchasing the aforesaid Refrigerator some technical faults occurred in the same because the said refrigerator close down automatically five-six times in a day. To sort out the problem of the refrigerator, father of the complainant many a times visited the Opposite Party No.1 i.e. Infiniti Retail Limited Trading as Croma situated at Ground & 1st Floor, Lajpat Nagar, Jalandhar, but the opposite party No.1 did not pay any heed. On 02.06.2021, 27.07.2021, 11.09.2021, 16.03.2022 and 19.05.2022 etc. father of the complainant registered/lodge the aforesaid complaints regarding fault in refrigerator but in vain, ultimately father of the complainant visited the office/show room of opposite party no.1 and met with opposite party No.2 Mr. Harshit, Complaint Officer of Opposite Party No.1 and remind the OP No.2 regarding various complaints earlier lodged by him on behalf of the complainant, which the OP No.2 agreed the same. List of complaints lodge by the father of the complainant on different dates and as well as list of those complaints as entered by OP No.2 are on record. When the complainant fed up by lodging the complaints again and again before the opposite parties, the complainant asked the opposite parties either to resolve the problems of refrigerator or to return the amount of refrigerator but the opposite parties lingering the matter on one pretext or the other. It is pertinent to mention here that on 31.07.2021 at about 06.44 p.m. one email message received by the complainant's father which is reproduced here word to word “Dear Customer, your request DEL270721 ID00806 for your product CROMA INVERTER FF REF 541L 2S CRAR2525 has been cancelled. You can reach out to us at 7207666000 for any query. Regret any inconvenience caused. Regards, Team Croma. More details:https//www.croma.com/my-account/service requests.” Due to unfair trade practice, negligence and deficiency in service towards the complainant and damage the reputation in close relatives and general public of the locality and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the cost of Refrigerator i.e. Rs.34,000/-. Further OPs be directed to pay Rs.2,50,00/- as compensation including litigation expenses for causing mental tension and harassment to the complainant.
2. Notice of the complaint was given to the OP, but despite service none has appeared on behalf of the OPs and ultimately all the OPs were proceeded against exparte.
3. In order to prove her case, the complainant herself tendered into evidence her duly sworn affidavit Ex.CA alongwith some documents Ex.C-1 to Ex.C-4.
4. We have heard the complainant and have also gone through the case file very minutely.
5. The complainant purchased a CROMA INVERTER FF REF 541L 25 CRAR2525 for Rs.34,000/-, vide Ex.C-1. As per contention of the complainant, Refrigerator started giving trouble from the very beginning as it close down automatically five six times in a day. She has proved on record the complaints Ex.C-2, Ex.C-3. The father of the complainant visited many times to sort out the problem of the Refrigerator, but the OP No.1 did not pay any heed. The father of the complainant met the complaint officer Mr. Harshit/OP No.2 and told him about the various complaints lodged by him. He agreed to take up the matter, but all in vain.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-4.
7. From the record produced by the complainant, it is proved that the Refrigerator purchased by her on 06.02.2021. Refrigerator started giving trouble after few days of its purchase. The same was in warranty period and her grievance was never redressed. It has been proved that complainant has suffered mental agony and harassment due to unfair trade practice of the OPs and thus, the complainant is entitled for the relief.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund the amount of Rs.34,000/- alongwith interest @ 6% per annum from the date of filing the complaint, till its realization. The complainant is directed to return the Refrigerator to the OPs, if the same is available with her at the time of receiving the award amount. Further, OPs are directed to pay a compensation including litigation expenses of Rs.8000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
19.12.2022 Member Member President
