Haryana

Yamunanagar

CC/1277/2012

Ram Singh S/o Balwant Singh - Complainant(s)

Versus

Jalota Electronics - Opp.Party(s)

Amit Gupta

02 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                          Complaint No.1277 of 2012.

                                                                                          Date of institution: 12.12.2012    

                                                                                          Date of decision: 02.12.2016

 Ram Singh aged about 40 years son of Sh. Balwant Singh, resident of Village Telipura, P.O. Jaroda, Tehsil Jagadhri, District Yamuna Nagar.

 

                                …Complainant.

                                    Versus

1. Jalota Electronics, Workshop Road, Near Bye Pass Chowk, Yamuna Nagar, District Yamuna Nagar, authorized dealer of Videocon Refrigerator, through its Prop. ‘
2. Royal Refrigeration Works, Near Jangla Wali Mata Ka Mandir, Chhoti Line, Yamuna Nagar, through its Authorized person.
3. M/s Videocon International Ltd., 14^th K.M. Stone, Aurangabad- Pathan Road Chitegaon, Managing Director. 

               

                                                                                                                                         …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                         SH. S.C.SHARMA………………………….MEMBER.

 

Present:           Sh. Amit Gupta Advocate, Advocate for complainant.

                         Sh. L.S.Datana, Advocate, counsel for respondent No.1.

                         Respondent No.2 already ex-parte vide order dated 13.06.2013.

                         Sh. Sumit Gupta, Advocate, counsel for respondent No.3.  

ORDER

 

1.                     The present complaint has been filed under section 12 of the Consumer Protection Act. 1986.

2.                 Brief facts of the present complaint, as alleged by the complainant, are that complainant purchased a Videocon refrigerator bearing Model No. REFVKE194EGRDK, Sr. No. 210110260144000-560 from the respondent No.1 (hereinafter referred as OP No.1) who is authorized dealer of respondent No.3 (hereinafter referred as OP No.3) vide Bill No. 368 dated 18.05.2010 for an amount of Rs. 8500/-. At the time of purchasing, the OP No.1 had assured the complainant that the said refrigerator will provide best services to the complainant and had given guarantee/warranty for 5 years on the aforesaid refrigerator. After some time, the refrigerator in question started creating problem i.e. the said refrigerator was not working properly and cooling of the same has become very low. As such, the complainant approached the OP No.1 and asked about the problem and also made a complaint bearing No. 0907110110. In the month of April, 2012, the serviceman of the Op No.2 visited the house of the complainant and told them that the gas is to be filled up and the pipe connection which was opened by the said person, before receiving Rs. 800/- and the same is still lying as it is, on which the complainant approached the OPs No.1 & 2, but the OP No.1 & 2 firstly put off the matter on one pretext or the other and lastly they refused to repair or replace the said refrigerator. Hence, there is a deficiency in service on the part of OPs. Lastly, prayed for directing the OPs to replace the aforesaid refrigerator with new one or to pay the cost of abovesaid refrigerator alongwith interest and OP No.2 be directed to refund an amount of Rs. 800/- which was illegally charged from the complainant and further to pay compensation as well as litigation expenses. Hence, this complaint.

3.                   Upon notice, OPs No.1 & 3 appeared and filed their written statement separately. However, OPNo.2 failed to appear despite service and he was proceeded ex-parte vide order dated 13.06.2013.

4.                     OP No.1 filed its written statement and submitted that complainant had never raised any complaint during the guarantee period i.e. within one year of the purchase of this refrigerator. However, it has been admitted that complainant had purchased the refrigerator from the OP No.1 and refrigerator in question was having guarantee of one year on the whole refrigerator and 4 years warranty on the compressor only. Rest contents of the complaint were denied being false and frivolous. Lastly, prayed for dismissal of complaint qua Op No.1.

5.                     OP No.3 filed its written statement by taking some preliminary objections, besides preliminary objection stated on merit that the refrigerator of the complainant was out of warranty as the same was purchased on 18.05.2010 whereas complainant got registered his first complaint on 09.07.2011 i.e. after more than one year from the purchase of refrigerator. The complaint of the complainant was duly attended and the compressor was found to be dead and the same was replaced. After that the refrigerator of the complainant is in perfect working order. No serviceman have visited the house of the complainant in the month of April, 2012, as alleged in the complaint, in fact, the complainant has put forward a concocted story in order to get his refrigerator replaced without any rhyme or reasons and to grab the money illegally from OPs. Lastly, prayed for dismissal of complaint.

6.                     In support of his case, learned counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and photo copy of bill bearing No. 368 dated 18.05.2010 as Annexure C-1, acknowledgements as Annexure C-2 and C-3 and closed the evidence on behalf of complainant.

 7.                    On the other hand, counsel for the OPs No.1 & 3 failed to adduce any evidence despite availing so many opportunities, hence their evidence was closed by court order dated 18.03.2016.

8                      We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very carefully and minutely.

9.                     It is not disputed that complainant purchased the refrigerator in question from the OP No.1 manufactured by OP No.3 vide Bill No. 368 dated 18.05.2010 for a sum of Rs. 8500/-. It is also not disputed that the refrigerator in question was under warranty for one year as a whole and four years on the compressor only. It is also not disputed that complainant got registered a complaint on 09.07.2011, which was duly attended by the serviceman of OP No.3 manufacturer and it was found that compressor of the refrigerator in question was dead and the same was replaced as the OP No.3 has admitted this fact in para No.4 of his written statement.

10.                   The only grievances of the complainant is that the serviceman of OP No.3 has illegally and wrongly charged Rs. 800/- from the complainant on account of refilling of the gas whereas no gas was filled up, even the pipe connection which was opened by the said persons is still lying as it is and despite so many requests OP No.1 & 2 has clearly refused to do the same whereas on the other hand, learned counsel for the OPs argued that a false complaint has been filed just to harass and humiliate the OPs.

11.                   After hearing both the parties, we are of the considered view that there is a deficiency in service and unfair trade practice on the part of OPs. Although the compressor of the refrigerator in question has been replaced by the OPs free of costs even then this fact has not been denied by the OP No.3 that the serviceman of the OP No.3 has not charged Rs. 800/- from the complainant on account of refilling of gas. When the refrigerator in question was under warranty, then how the OPs can charge on account of gas refilling from the complainant. Furthermore, it is not disputed that compressor of the refrigerator in question become defective within a short span of time, meaning thereby that the OPs have sold the defective refrigerator to the complainant due to which the complainant has suffered mental agony and harassment.

12.                   Moreover, this Forum feels that these days in the fast life style of the society, refrigerator set has become part and partial of the life of every person and due to huge demand of it, the companies are attracting consumers by adopting the different modes of advertisement but at the same time after selling the same oftenly customers as well as consumers face a lot of problem even after paying the full cost of the same. Beneficiary companies taking huge amount in shape of profit, are duty bound to provide proper services till last satisfaction of the consumer.    

13.                   In the circumstances noted above, we are of the considered view that there is a deficiency in service and unfair trade practice on the part of Ops and the complainant is entitled to get some relief.

14.                   Resultantly, we partly allow the complaint of complainant and direct the OPs to pay refund a sum of Rs. 800/- which was taken from the complainant on account of gas refilling charges alongwith interest at the rate of 7% per annum from the date of filing of complaint till its realization and further to pay a sum of Rs 2,000/- as compensation for mental agony and harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.02.12.2016.

                                                                                          (ASHOK KUMAR GARG)

                                                                                           PRESIDENT

                                                                                           DCDRF Yamuna Nagar                          

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER