Haryana

StateCommission

A/125/2016

IFB INDUSTRIES LTD. - Complainant(s)

Versus

JAIPAL YADAV - Opp.Party(s)

P.K.KUKREJA

25 Apr 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                         

First Appeal No  :      125 of 2016

Date of Institution:      09.02.2016

Date of Decision :      25.04.2016

 

IFB Industries Limited through its Regional Accountant, Plot No.640A, Industrial Area, Phase IX, Mohali (SAS Nagar) in complaint mentioned as IFB Home Appliances India Limited, Registered Office at IFB, Industrial Limited, 14, Taratolla Road, Kolkatta through its Managing Director.

                                      Appellant-Opposite Party No.1

Versus

 

1.      Jaipal Yadav son of Shri Lal Singh, resident of 1619, Sector 4, HUDA, Rewari, Tehsil and District Rewari.

                                      Respondent-Complainant

2.      M/s SRA Retail Private Limited, Jhajjar Chowk, Rewari, Tehsil and District Rewari (Dealer and Authorized Service Center IFB, through its Manager/Proprietor).

3.      Satish Sharma, Senior Engineer, c/o M/s SRA Retail Private Limited, Jhajjar Chowk, Rewari, Tehsil and District Rewari.

4.      M/s Shyam Lal Kishan Lal, 1/26/28, Sadar Bazar, Delhi Cantt through its Proprietor.

Respondents-Opposite Parties No.2 to 4

         

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:              Shri P.K. Kukreja, Advocate for appellant.

Shri Rakesh Rana, Advocate for respondent No.1.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

By filing this appeal, IFB Industries Limited-Opposite Party No.1 has challenged the order dated January 01^st, 2016 passed by District Consumer Disputes Redressal Forum, Rewari (for short ‘District Forum’) whereby complaint filed by Jaipal Yadav-complainant was allowed.  The appellant was directed to replace the defective microwave with new one or to refund the price of Rs.9334/- alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realization and Rs.5000/- litigation expenses to the complainant.

2.      Complainant purchased a microwave of IFB make, from respondent No.4 on June 08^th, 2012 for Rs.9,332/-.  The microwave started giving problem within the warranty period. The opposite parties failed to remove the defects.  Hence, he filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum. 

3.      At the outset, learned counsel for the appellant has urged that as per Joint Inspection Report (Annexure A), there was spark marks on the cavity and door frame.  The said sparking was caused due to the utilization of non microwave utensils.  He further urged that appellant is ready to get the microwave repaired free of cost.  After repair of the microwave, two engineers of the appellant would examine and issue a certificate to the complainant with respect to the repair.

4.      The proposal given by learned counsel for the appellant has been accepted by the learned counsel for the respondent No.1-complainant.

5.      In view of the above, the appeal is accepted to the extent that appellant shall rectify the defects in the microwave free of cost and after getting it repaired, two engineers of the appellant would examine and issue a certificate to the complainant with respect to the repair.  

6.      The statutory amount of Rs.10,500/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 25.04.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK