Delhi

East Delhi

CC/412/2022

K. SRINIWASAN - Complainant(s)

Versus

INTEX TECH. - Opp.Party(s)

28 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.412/2022

 

	K. SRINIVASAN R/O – H.NO.170B, DDA JANTA FLATS, GAZIPUR, DELHI - 110096	….Complainant
Versus
	INTEXT TECHNOLOGY (INDIA) LTD. A61, OKHLA INDUSTRIAL AREA, PHASE II, NEW DELHI – 110020	……OP

 

 

Date of Institution	:	21.07.2022
Judgment Reserved on	:	21.08.2023
Judgment Passed on	:	28.08.2023

 

               

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

 

 

Order By: Shri S.S. Malhotra (President)

 

 

 

JUDGMENT

By this judgment the Commission shall dispose off the complaint of the complainant w.r.t. deficiency in service in selling the defective cooler by the OP. 

1. Brief facts as stated by the complainant in the complaint are that he purchased one cooler from OP for an amount of Rs.7,500/- on 20.03.2022 but there was certain shortcoming in the cooler as when the complainant started using the said cooler and after using it he has faced various issues in the cooler as i) Drain plug was not opening for changing the dirty water ii) Ice water was being blocked in the ice chamber iii) Water level indicator was not working, iv) No option to come out surplus water once the tank is filled and v) Poor cooling despite the fact that complainant has sufficient ventilation in the room etc., to which he made a complaint to the OP on 09.04.2022 and 11.04.2022 upon which the technician from the OP visited the complainant’s house on 13.05.2022 and observed as follows:

• Drain plug was not opening for changing the dirty water and as per the technician, the cooler is required to dismantle for the water change and Ice water was being blocked in the ice chamber.  Further, as per the technician, it cannot be rectified, Water level indicator was not working.  Technician tried to fix this issue but was not able to fix it, iv) No option to come out surplus water once the tank is filled.  No solution by the technician, v) Poor cooling out even complainant have sufficient ventilation in the room.  No solution by the Technician and thereafter neither such complaint was redressed nor the cooler was functional and as such he ultimately filed the present complaint alleging deficiency in serving in selling defective cooler to the complainant thereby praying that OP be directed to pay Rs.8,000/- to the complainant including the cost of freight, compensation of Rs.1,00,000/- and litigation charges. 

2. The OP was served but did not appear and vide order dated 20.10.2022 he was proceeded Ex-parte. 
3. Complainant has filed his evidence. 
4. The Commission has heard the arguments and perused the record. 
5. Facts are quite simple and there is no denial of the facts by the OP who was properly served.  Copy of the bill is attached which is of Rs.7,500/-.  The guarantee period card is attached which shows guarantee for two years.  Report of the technician is also placed on record as Annexure C3 thereby stating that the cooler had some defect which has not been rectified. 
6. Since, the Commission does not have any opportunity to appreciate the version of the OP it being Ex-parte, the version of the complainant has gone unrebutted. 
7. Therefore, the Commission has come to the conclusion that there is deficiency in service on the part of OP and he is directed as follows:

• OP would return Rs.7,500/- with interest @ 6% p.a. to the complainant and also pay compensation of Rs.4,000/-. 
• The complainant in turn would return the defective cooler to the OP. 

This order be complied with within 30 days from the date of receipt of the order and if it is not complied within 30 days then interest @ 9% on Rs.7500/- would be charged.

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 28.08.2023