Haryana

Kurukshetra

35/2018

Surjeet kaur - Complainant(s)

Versus

JRS Electronics - Opp.Party(s)

M.B.Badu

08 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                               Complaint Case No.35 of 2018.

                                                               Date of institution: 19.02.2018.

                                                               Date of decision:08.05.2018.

Surjeet Kaur wife of Sh. Hardawari Lal, resident of C-25, D.C.Colony, Kurukshetra, Tehsil Thanesar, District Kurukshetra.

                                                                                      …Complainant.

                             Versus

1. M/s. JRS Electronics (DIGI WORLD), J.R.Complex Opposite Payal Nursing Home, Pipli Road, Kurukshetra, Tehsil Thanesar, District Kurukshetra.
2. CEO/Managing Director Videocon Industries Limited, Registered Office:- 14 KM Stone, Paithan Road, Chitegaon Aurangabad-431005, Phone No.02431-251501/251502.
3. Videocon Branch Office, SCO No.137, Second Floor, Sector-13, Urban Estate, Karnal-132001. 

….Respondents.

BEFORE         SH. G.C.Garg, President.

                   Sh. Kapil Dev Sharma, Member.

         

Present:        Sh. M.S.Bedi, Advocate, for the complainant.   

                   Ops exparte.

                  

ORDER

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Surjeet Kaur against M/s. JRS Electronics and others, the opposite parties.

2.                It is stated in the complaint that the complainant purchased a refrigerator of Videcon-P/F, Model No.REFVZ 255PTBS-HAD for a sum of Rs.15,500/- from the Op No.1 vide bill No.4208 dt. 31.03.2017. It is alleged that since the date of its purchase, the said refrigerator was not working properly and there is always leakage of water from the refrigerator and water spread on the floor in the premises.  It is further alleged that the complainant requested the Ops several times to repair the said refrigerator or to replace the same with the new one but the Ops did not do so.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the refrigerator in question with the new one or to refund the amount of Rs.15,500/- alongwith interest @ 18% p.a. and further to pay Rs.70,000/- as compensation for harassment and mental agony as-well-as Rs.7,000/- as litigation charges.  

3.            Upon notice, the OPs did not appear and opted to proceed exparte vide order dt. 28.03.2018.

4.                 We have heard the ld. Counsel for the complainant and perused the record carefully.

5.                 From the cash memo, it is made out that the Unit in question was purchased on 31.03.2017 for the sale consideration of Rs.15,500/-. From the perusal of record available on the file, it is clear that the unit became defective within the warranty/guarantee period.  In these circumstances, the complainant is entitled to get it repaired from the Ops No.2 & 3.

6.                In view of our above said discussion, the complaint of the complainant is allowed partly and we direct the OPs No.2 & 3 to repair the refrigerator in question and to rectify the defects of the refrigerator free of cost.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite parties No.2 & 3.  Copy of this order be communicated to the parties free of cost.  File be consigned to record after due compliance. 

Announced in open court:

Dt.:08.05.2018.  

                                                                                      (G.C.Garg)

                                                                                      President.

 

 

(Kapil Dev Sharma)       

                                                Member