Haryana

Kurukshetra

321/2016

Yash Pal - Complainant(s)

Versus

Kahinoor Sales - Opp.Party(s)

N.S.Narwal

25 May 2018

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint Case No.321/16.

Date of instt.14.12.16. 

                                                        Date of Decision:25.05.2018.

Yash Pal son of Krishan Lal, resident of H.No.165/2, Sodagran Mohalla, Jhansa Road, Kurukshetra.

•  

                        Versus

1. Kohinoor Sales Corporation, Jhansa Road, Near Old Bus Stand, Kurukshetra, District Kurukshetra, through its Proprietor.
2. M/s Take Care India Private Limited 15 KM Stone, Aurangabad, Paithan Road, village Chitegaon, Taluka Paithan, Aurngabad, through its Managing Director.

………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before          Sh. G.C. Garg, President.    

   Sh. Kapil Dev Sharma, Member.

 

Present :       Sh. N.S. Narwal, Adv. for complainant.

                   Sh. Shekhar Kapoor, Adv. for Ops.

 

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Yash Pal against Kohinoor Sales Corporation and another, the opposite parties.

2.             It is stated in the complaint that the complainant purchased a refrigerator Kelvinator of 225 Ltr. for a sum of Rs.13,500/- from Op No.1 vide bill No.5668 dated 10.3.2016. At the time of purchasing the refrigerator, OP No.1 gave warranty for 1+4 years. There were so many manufacturing defects in the refrigerator, water leakage in the body, door of the fridge not shut down properly, not freezing in the ice box and after 2/3 hours of cut of the electricity the water from the pipe line comes outside the fridge. The complainant immediately reported the matter to Op No.1 and narrated the entire facts on 8.7.2016 and when the complainant visited the premises of OP No.1 and the mechanic of Op No.1 checked the fridge and written the complaint in their register at page No.32 serial No.11, dated 8.7.2016. On 21.7.2016 the customer support division of Op No.1 again visited the house of complainant and checked the refrigerator and found that water leakage F chill tray vide page No.36, serial No.33, vide complaint No.KAR2107160204 and then the complainant again complaint vide complaint No.77 to Op No.1 and the mechanic again visited the premises of complainant on 26.7.2016 bearing Page No.37, serial No.41 and they also reported that in the fridge the water leakage and door not properly working condition. After some time the same problems occurred in the refrigerator and the complainant again visited the shop of Op No.1 and narrated the facts then the Op No.1 told that there is manufacturing defect in the fridge and they sent the request to the company for replacement but till today Op No.1 has not replaced the fridge nor removed the defects.  Thereafter, the complainant visited the premises of OP No.1 and requested to replace the fridge but he did not pay any heed. Hence, it amounts to deficiency in service on the part of Ops. So, the present complaint has been moved by the complainant with the prayer to direct the Ops replace the refrigerator in question with new one and to pay Rs.1,00,000/- as damages/compensation for mental agony and physical harassment.

3.            Upon notice, opposite parties appeared and contested the complaint by filing written statement alleging therein that the answering OP No.2 is a renowned company in Electronic Products and Commodities and is manufacturing the products for the last several years. The technology used by the company is manufacturing the world class electronic products is highly sophisticated. The complainant has concocted a false story in order to get his refrigerator replaced with new one. The copy of customer support division register shows that the said fault has been reported by the complainant does not show anywhere that the service engineer who visited the premises found the said problem and could not rectify the same, rather the service engineer when visited the premises of the complainant and found that there is a less cooling issue and he rectified the said problem. When once the problem lodged by the complainant has been resolved by the answering OP, so no question of giving any replacement of the refrigerator arises. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of answering Ops and as such, the complaint of the complainant is liable to be dismissed with costs. On merits, the contents of the complaint were denied to be wrong. Preliminary objections were repeated. Prayer for dismissal of the complaint was made. 

4.            Ld. counsel for the complainant has tendered into evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C10 and thereafter closed the evidence on behalf of complainant. 

5.             We have heard learned counsel for the parties and have gone through the record carefully.

6.             From the cash memo, it is made out that the Unit in question was purchased on 10.03.2016 for the sale consideration of Rs.13,500/-. 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.

7.            In view of our above said discussion, the complaint of the complainant is allowed partly and we direct the OPs 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.  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.:25.05.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member