BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 246 of 2017
Date of Institution : 28.9.2017
Date of Decision : 28.3.2018
Ved Parkash Mantri son of Sh. Nathmal Mantri, resident of Noharia Bazar, Gali Masjid Wali, Sirsa, District Sirsa.
……Complainant.
Versus.
- J.P. Brothers, Sadar Bazar, Sirsa through its Proprietor/Authorizing Signatory.
- Godrej Boyce Manufacturing Company Limited, Godrej Bhawan, 2nd Floor, Sher Shah Suri Marg, Okhla, Delhi-110020 through its Managing Director/Authorized Signatory.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT
SHRI MOHINDER PAUL RATHEE……MEMBER.
Present: Sh. Vijay Sharma, Advocate for the complainant.
Sh. Ravinder Monga, Advocate for opposite party no.1.
Opposite party no.2 exparte.
ORDER
In brief, the case of complainant is that the complainant purchased a Refrigerator Make Godrej Company Model No.RtEon 260 P2.4 bearing Sr. No.1701640060 from the opposite party no.1 vide Bill no.17146 dated 04.04.2017 for amount of Rs.22000/- in his name and at that time the op no.1 assured the complainant that the quality of refrigerator and its compressor as well as motor is very excellent at its working and the op no.1 had given full guarantee of one year of the refrigerator and had also given guarantee/warranty of 10 years for the compressor etc. of the refrigerator. The op no.1 is the authorized dealer of Godrej Boyce manufacturing Company Ltd. and the op no.2 is the manufacturing company of Godrej Home appliances. That after some days from purchasing the refrigerator, the complainant found that the refrigerator in question did not work properly and there is a serious defect in the Refrigerator as it stopped cooling and did not make Ice, upon which the complainant immediately contacted the op no.1 and disclosed the above said fact, then the op no.1 directed the complainant to make complaint on customer care number 18002095511 of the company. Then the complainant made complaints for 6-7 times on the customer care number of the company from 16.4.2017 to 23.05.2017. On these complaints, the mechanic visited the premise of the complainant, who only inspected the refrigerator, but even otherwise also the refrigerator could not be repaired and the problem could not be solved till today. Thereafter, the complainant visited the premises of the op no.1 and again informed the op no.1 regarding the above said fact and requested the op no.1 to get the problem solved, but instead of acceding the request of the complainant, the op no.1 told the complainant that “ We are only authorized to sell the home allowances of the company and thereafter we have no responsibility”. In this way, all the assurances given by the op no.1 at the time of purchasing the refrigerator, remained only false assurances. The defect occurred in the refrigerator could not be removed till today. The complainant purchased the refrigerator in the starting of the summer season, but it became dead/unused since the second week of April 2017 and since then the complainant has to purchase ice from the market and has also to bring ice from his neighbourers and in this way the complainant has suffered a lot of harassment, humiliation mentally, physically and financially. The complainant sent a legal notice dated 26.06.2017 to the ops but to no effect. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed reply taking certain preliminary objections. It is submitted that answering op only sold out sealed manufactured fridge to the complainant, thereafter, the grievances, if any would be removed by the authorized care centre direct working under the supervision and guidelines of manufacturing company. The refrigerator of complainant is working in a perfect and proper manner. Remaining contents of complaint are also denied.
3. Opposite party no.2 did not appear despite notice sent through registered cover and was proceeded against exparte.
3. The complainant produced his affidavit Ex.C1, copy of bill Ex.C2, copies of legal notice Ex.C3, Ex.C4, copies of postal receipts Ex.C5, Ex.C6, copy of aadhar card Ex.C7 and copy of document Ex.C8. On the other hand, op no.1 produced affidavit Ex.RW1/A.
4. We have heard learned counsel for the parties and have perused the record carefully.
5. Admittedly, the complainant purchased the refrigerator in question from opposite party no.1 on 4.4.2017 for a sum of Rs.22,000/- which fact is evident from copy of bill Ex.C2. The complainant is alleging defects in the refrigerator in question after some days of its purchase i.e. within warranty period and has filed the present complaint just within about six months of the purchase of refrigerator. Though, there is nothing on record to presume any manufacturing defect in the refrigerator in question as no expert opinion in this regard is on file but however, if there is any defect/ problem in the refrigerator within warranty period, the opposite parties are liable to provide services of repairs etc. to the complainant to make the same defect free and non providing of the same clearly amounts to deficiency in service on the part of opposite parties.
6. In view of the above, we allow the present complaint and direct the opposite parties to carry out necessary repairs in the refrigerator in question of complainant and to make it defect free even by replacing parts, if any without any costs within a period of 30 days from the date of receipt of copy of this order. In case it is found that refrigerator in question is not repairable, then the ops shall be liable to replace the refrigerator in question with same make and model within further period of 15 days otherwise they shall be liable to refund the price of the refrigerator in question to the complainant. We also direct the opposite parties to pay a sum of Rs.3000/- as composite compensation and litigation expenses to the complainant. The complainant is directed to hand over the refrigerator in question to op no.1 well in time against proper receipt. Both the ops are jointly and severally liable to comply with this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. Member President,
Dated:28.3.2018. District Consumer Disputes
Redressal Forum, Sirsa.
