BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                                        Complaint Case no.285 of  2018     

                                                                        Date of Institution:          27.11.2018

                                                                          Date of Decision:     24.1.2019

Dinesh Kumar son of Sh. Satveer, resident of village Daeyd, Tehsil and Distt. Fatehabad.

                                                                                  ………Complainant.

                                      Versus

J.P. Brothers, Sadar Bazar Sirsa, Tehsil and Distt. Sirsa, through its Prop/ Partner/ Auth. Person.

                              ……… Opposite party.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

Before:        SH. R.L.AHUJA ………………. PRESIDENT

SH.ISSAM SINGH SAGWAL ……MEMBER.

Present:           Sh. Rajeev Sharma, Advocate for complainant.

           Opposite party exparte.

ORDER

          In brief, case of complainant is that complainant was in need of a refrigerator for giving the same in the marriage of his daughter, hence he visited to the shop of opposite party and asked for refrigerator. Then op showed refrigerator of Videocon company and given assurance of every type about reputed company and replacement etc. in case of any defect. The complainant purchased the refrigerator of Videocon company for the amount of Rs.13,000/- and the op also issued an invoice No.655 dated 30.1.2018. That after purchase of said refrigerator, the daughter of complainant told that said refrigerator is creating problems of its pipe, cooling problem and compressor problem. Then complainant immediately approached to op and told about the said problems and op asked that these are minor problems and their mechanic will remove the same. The mechanic of op checked the said refrigerator and repaired the same but after sometime these problems again created. The complainant again visited the op and asked that there is a manufacturing defect in the refrigerator and they should replace the same with another piece but op started to put the matter off with one pretext or the other and now op has flatly refused to admit the claim of complainant. Hence, this complaint.

2.                On notice, opposite party failed to appear before this Forum and was proceeded against exparte.

3.                The complainant produced his affidavit Ex.CW1/A, affidavit of Sh. Sant Lal Ex.CW2/A and bill Ex.C1.

4.                We have heard learned counsel for complainant and have perused the case file carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A wherein he has reiterated all the averments made in his complaint. In support of his averments, he has also furnished affidavit of Sh. Sant Lal son of Sh. Amar Singh, resident of village Kumhariya, Tehsil and District Sirsa Ex.CW2/A wherein said Sh. Sant Lal has deposed on the lines of complainant and has fully supported the version of complainant. The complainant has also placed on record bill Ex.C1 vide which the refrigerator in question was purchased by the complainant from opposite party for a sum of Rs.13,000/- on 30.1.2018. The allegations leveled by complainant regarding defect in the refrigerator are not refuted by opposite party as the op did not bother to appear before the Forum despite notice and opted to proceed against exparte. The pleadings and evidence led by complainant goes as unrebutted and unchallenged. It is the legal obligation of the op to provide after sales service to the complainant in case of any defect in the refrigerator in question within warranty period and non providing of the same amounts to deficiency in service on the part of op. The op is liable to either get repaired the refrigerator in question and to make it defect free or to replace the same with a new one of same make and model without any cost or in the alternate to refund the price of the refrigerator in question.

6.                In view of the above, we allow the present complaint and direct the opposite party to carry out necessary repairs in the refrigerator in question of complainant to make it defect free even by replacing any part without any costs and in case it is found that refrigerator is not repairable, then the op shall be liable to replace the same with a new one of same make and model without any cost or in the alternate to refund the price of the refrigerator in question to the complainant. We also direct the op to pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. The op is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to the price of refrigerator in question alongwith interest @6% per annum from the date of order till actual realization. The complainant is directed to hand over the refrigerator in question to op against proper receipt well in time.  A copy of this order be supplied to the parties free of costs.   File be consigned to record room.

Pronounced in open Forum.             Member                      President,

Dated:24.1.2019.                                                                 District Consumer Disputes

                                                                                            Redressal Forum, Sirsa.