BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 344 of 2017
Date of Institution : 20.12.2017.
Date of Decision : 26.2.2018.
Bhoop Singh son of Sh. Mahavir Singh, resident of near Chotala House, near Satluj School, Barnala road, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
- J.P. Brothers, Sadar Bazaar, Sirsa.
- Haier Appliances India Pvt. Ltd., Building Number 1, Okhla Industrial Estate, Phase III, Opposite Modi Mill, New Delhi- 110020, Toll Free No.18001029999, 18002009999.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. MOHINDER PAUL RATHEE …… MEMBER.
Present: Complainant in person.
Sh. Ravinder Monga, Advocate for opposite party no.1.
Opposite party no.2 exparte.
ORDER
The case of the complainant in brief is that complainant purchased a refrigerator from opposite party no.1 for a sum of Rs.29500/- on 22.11.2017 and its model is Haier Ref HCC-588HTQ B30GM7E2JO006H2 L0080. The proprietor of opposite party no.1 had shown the refrigerator to the complainant and told that same will be sent on his address upon which complainant paid a sum of Rs.29500/- to the proprietor. Thereafter, the refrigerator was sent to the address of the complainant but the refrigerator was not same which was shown to him and was of a similar type refrigerator which was packed in a box. The complainant came to know about this fact when he opened the packing of the box and found that there was a dent/ cut on the refrigerator upon which he made a telephonic call to the proprietor of the shop and the proprietor replied that they have sent the refrigerator in the packed box as it is as received by them from the company and asked to make a call to the help line number of the company and that they cannot do anything. The complainant then lodged a complaint on the toll free number of the company about dent/ cut on the refrigerator and firstly the avoided the matter on one pretext or the other and thereafter a message was given on the mobile of the complainant that his complaint has been cancelled. Then complainant again made a call on the helpline number of the company and he was given a reply that they are not responsible for dent/ cut whereas at the time of purchase of refrigerator, the proprietor had given one year complete warrantee of the refrigerator including body of the same and a refrigerator with dent/cut has been sent to the complainant. The refrigerator which was shown to him has not been sent and a defective refrigerator has been sent to him, which is illegal and amounts to deficiency in service and unfair trade practice on the part of the ops and the complainant has suffered financial loss and physical harassment. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed reply taking certain preliminary objections. It is submitted that as a matter of fact and in reality the sealed pack refrigerator was sent to the premises of complainant, the authorized representative of the company opened the seal of refrigerator and installed the same as per the wish of the complainant. The said refrigerator was installed in operational condition with due satisfaction of the complainant and his family members. The authorized representative of the company remained there for approximately one and half hour, after understanding all the functions and minutely inspection of the body by the complainant and his family members, only then the person came back from their premises. It is further submitted that no one can get advantage for their own wrongs, in case any defect for functioning of the refrigerator is there, the matter in this regard would remain between complainant and manufacturer only. Remaining contents of complaint are also denied.
3. The opposite party no.2 failed to appear after notice sent through registered cover and was proceeded against exparte.
4. The complainant produced his affidavit Ex.C1, copy of his aadhar card Ex.C2, copy of bill Ex.C3 and copy of document showing address of complainant Ex.C4. On the other hand, learned counsel for op no.1 suffered a statement in which he stated that written statement filed on behalf of op no.1 be read as evidence on behalf of op no.1 and no separate evidence is to be filed.
5. We have heard complainant as well as learned counsel for opposite party no.1 and have perused the case file carefully.
6. The complainant has filed this complaint with the allegations that he has purchased a refrigerator on 22.11.2017 for a sum of Rs.29,500/- from opposite party no.1 which was manufactured by op no.2. There are specific allegations that the packed refrigerator in a cartoon was sent to the house of the complainant and when the packing of the box of refrigerator was opened, it was found that there was a dent on the refrigerator. As per version of complainant, he informed the opposite party no.1 who is dealer of op no.2 who advised the complainant to lodge a complaint on helpline number of the company and repeatedly the complainant informed op no.2 regarding dent of the refrigerator but op no.2 has failed to get redressed the grievance of the complainant. The op no.2 also failed to appear before this forum to contest the present complaint rather opted to be proceeded against exparte. The complainant in order to prove his case has furnished his affidavit Ex.C1 and has also furnished copy of aadhar card Ex.C2, copy of bill Ex.C3 and a paper Ex.C4 containing the address of the complainant which was handed over to op no.1 for delivery of the refrigerator at the house of complainant. On the other hand, learned counsel for op no.1 has strongly contended during the course of arguments that complainant has not placed on record any proof regarding dent of the refrigerator. Secondly, op no.1 sold out the packed refrigerator to the complainant and packing was opened at the house of complainant in the presence of complainant and same was made working in the presence of complainant and there was no complaint at that time. Had there been dent, it may be due to negligent use of the complainant himself. Certainly, it is proved fact on record that complainant received the refrigerator from op no.1 in a packed condition and the packing was opened in his presence by the employee of op no.1. So, it appears that there was no fault of op no.1 qua causing of any dent. If there was any dent in the refrigerator of complainant, it may be due to some manufacturing defect or during course of transit and it is legal obligation of manufacturer to carry out necessary repair in the refrigerator or to compensate the complainant in this regard.
7. In view of the above, we allow this complaint against opposite party no.2 who did not come forward to contest the present complaint and direct the opposite party no.2 to carry out necessary repair in the refrigerator of complainant and make it dent free without any cost or in the alternative to make payment of Rs.2000/- as compensation to the complainant within a period of 30 days from the date of receipt of copy of this order. However, complaint against op no.1 stands dismissed. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:26.2.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
