Haryana

Bhiwani

CC/81/2020

Devender - Complainant(s)

Versus

Kanha Elect. - Opp.Party(s)

In Person

07 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 81 of 2020

                  Date of Institution             : 14.08.2020

                                                           Date of Decision               : 07.03.2024

 

 

Devender son of Sh. Surender Singh, Gali Thakur Bhani Singh, Lohar Bazar, Bhiwani, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. Kanha Electronics, near Adarsh Mahila College, Hansi Gate, Bhiwani-127021.

 

2. Manager, Bajaj Finserv Limited, 2^nd Floor, Halwasia Mall, Bhiwani.

 

3. Manager, CPC, Assistance Service Private Limited, Ground Floor, Wing A, Golf Course Road, Sector-42, Gurugram-122002.

 

4. Manager, Bajaj Allianz General Insurance Company Limited, 4^th Floor, G.E. Plaza, Airport, Yerwada, Pune-411016.  

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Complainant in person.

                    OPs No.1 & 2 exparte.

                    Sh. Sachin Kumar Singla, Advocate for OP No.3.

                    Sh. A.Sardana, Advocate for OP No.4.

 

ORDER

 

Ms. Shashi Kiran Panwar, Member.

 

1.                 Brief facts of the present complaint are that on 13.09.2016, complainant purchased a washing machine of Samsung Company in a sum of Rs.13,200/- on finance through OP No.2. The machine was also got insured by OP for a period 16.09.2016 to 15.09.2018 from OPs No.3 & 4. It is alleged that in February 2017,the machine stopped working, upon which, OPs were approached  many a times, till August 2020 but no solution came out and the machine is in non-working condition. Hence, the present complaint has been preferred by complainant seeking directions against the OPs to pay Rs.1,50,000/- as compensation for harassment besides to pay suitable litigation expenses. Further they be directed not to adopt such practices which may cause deficiency in service to consumers.

2.                 Upon notice, OPs No.1 & 2 did not bother to appear despite issuance of notice and were proceeded against exparte vide order dated 25.09.2020.

3.                 OP No.3 filed written statement stating that this OP is not an insurance company and also not signed any contract for insurance with complainant.  It is stated that the machine was under warranty for initial 2 years warranty from 16.09.2016 to 15.09.2018 and further was having two years extended warranty provided by OP No.4. During this period, complainant never intimated any defect to answering OP otherwise also, the relief sought by complainant is against OPs No.1 & 2. In the end, prayed for dismissal of the complaint qua it.

4.                 OP No.4 filed written statement stating that claim was reported by complainant on 23.12.2019 for the said washing machine having Model No.32611. Upon this, representative of OP visited the place of complainant on 24.12.2019 for inspection and was found that the asset insured by complainant was burnt due to improper voltage of supply, which led to short circuit, consequently burning of the asset. It is urged that the policy opted by complainant covers breakdown in the asset due to manufacturing defects. In the end, prayed made for dismissal of the complaint with special costs qua it.

5.                 Complainant tendered in evidence documents Annexure C-1 & Annexure C-2 and closed the evidence.

6.                 No evidence produced on behalf of OP No.3 despite availing sufficient opportunities, as such, it was closed by Court vide order dated 11.01.2014.

7.                 On behalf of OP No.4 affidavit Ex. RW4/A alongwith documents Annexure R-1 to R-6 were tendered and closed the evidence

8.                 We have heard learned counsel for the contesting parties and perused the record minutely.

9.                 At the outset, the grievance of the complainant is that the washing machine so purchased him from OP became defective within its warranty period but despite approaching the OPs many times, defects could not be rectified by the OPs. This act of OPs caused him mental and physical harassment besides monetary loss and thus he may be compensated for the same.

10.               On the other side, learned counsel for appearing OPs have argued that the machine became defective due to electric fault. Further no defect in the machine was pointed out during the insurance coverage period. Thus there is no deficiency in service on their part and prayed for dismissal of complaint qua them.

11.               As admitted by OP No.4 that defect in the washing machine occurred on 23.12.2019.  Perusal of document Annexure C-1 reveal that there was two years asset care warranty for two years from 16.09.2016 to 15.09.2018 with OP No.3 for which he admittedly received Rs.1636/-. Further perusal of this document reveals that extended warranty was provided by OP No.4 for the period from 13.09.2018 to 12.09.2020.  As such, the machine became defect during the period when it was under extended warranty with OP No.4.  The version of OP No.4 is that the machine suffered some electric problem and thus it became defective but no proof placed on record despite that the machine was got checked by their engineers.  As such, we are of the considered opinion that the OP No.4 has failed to provide proper services to the complainant which caused him monetary loss as well as mental and physical harassment. Accordingly, the complaint is allowed and the OP No.4 is directed to comply with the following directions within 40 days from the date of order:-

1. To refund the purchase amount (Annexure C-2) of the washing machine to the tune of Rs.13,200/- (Rs. Thirteen thousand two hundred), to the complainant alongwith simple interest @ 9% per annum from the date of institution of the complaint till its actual realization, subject to return of the old washing machine to the OP No.4.
2. To pay Rs.5000/- (Rs. Five thousand) on account of harassment suffered by complainant.
3. To pay Rs.5500/- (Rs. Five thousand five thousand) on account of litigation expenses.

                    In case of default, both the amounts shall fetch simple interest @ 12% per annum for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.  

Announced.           

Dated: 07.03.2024