Delhi

East Delhi

CC/184/2016

RAJESH KR - Complainant(s)

Versus

KBM ELEC. - Opp.Party(s)

09 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 184/16

 

Shri Rajesh Kumar Choudhary

R/o C-71A, 2^nd Floor, Lane No. 4

West Vinod Nagar, Delhi - 110 092                             ….Complainant

 

Vs.    

 

1. KBM Electronics.

1/32, Main Vikas Marg, Lalita Park

Laxmi Nagar, Delhi – 110 092  

 

2. IFB

A-56, Industrial Area

Phase-I, Okhla, Delhi – 110 020                                     …Opponents

 

 

Date of Institution: 18.04.2016

Judgement Reserved on: 09.01.2020

Judgement Passed on: 10.01.2020

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

 

JUDGEMENT

This complaint has been filed by Shri Rajesh Kumar Chaudhary against M/s. KBM Electronics (OP-1) and M/s. IFB (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

 

2.        The facts in brief are that the complainant Rajesh Kumar Chaudhary purchased an IFB automatic washing machine, Model no. AW650SB on 20.04.2014 from M/s. KBM Electronics (OP-1) for a sum of Rs. 19,700/- vide invoice no. C00638/14-15.  When the complainant looked MRP of the product, which was delivered at his house, it was lower than the amount paid to M/s. KBM Electronics (OP-1). 

The product was stated to be one year older as its manufacturing date was 20.02.2013.  It was also defective as its operating panel was broker and colour also faded.  He immediately informed to M/s. KBM Electronics (OP-1) on 20.04.2014.  The executive of M/s. IFB (OP-2) visited at the house of the complainant for demo who also told to send this set to the shopkeeper as they will exchange the product and he went without giving any demo.  M/s. KBM Electronics (OP-1) told to the complainant that they will change the set, but went on postponing.  However, after 6 months from the date of purchase, they told the complainant that they cannot change because all voucher made and taxes were paid to the government.  This set was stated to be still unused and packed. 

It is stated that the complainant’s family suffered a lot.  This is stated to be a deficiency on the part of OPs.  It is stated that the complainant have suffered mental agony.  Thus, the complainant have prayed for directions to OPs to refund the cost of washing machine of Rs. 19,700/- with interest; compensation of Rs. 60,000/- on account of harassment, mental agony and pain and Rs. 10,000/- towards cost of litigation.

3.        OP-1 has been served, but did not appear.  Hence, they were proceeded ex-parte.

In reply filed on behalf of OP-2, they have denied the facts stated in the complaint.  They have further stated that they were not a necessary party.  M/s. IFB Industries (OP-2) role was limited to manufacturing the products and there was no privity of contract between the complainant and the manufacturer. 

4.        Complainant have filed rejoinder to the WS of OP-2, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.        In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been  stated in the complaint. 

           In defence, OP-2 have stated that they did not want to file the evidence as their right to file the evidence was closed.

6.        We have heard Ld. Counsel for OP-2 and have perused the material placed on record as none appeared on behalf of the complainant.    From the testimony of the complainant and the documents with the complaint such as retail invoice dated 20.04.2014 (Annexure III) and MRP of washing machine (Annexure IV), it is evident that M/s. KBM Electronics (OP-1) charged Rs. 19,700/- (Rs. 17511.11/- + VAT @ 12.5% i.e. Rs. 2188.89/-) from the complainant for the washing machine in question, whereas the MRP of the said machine was Rs. 18,990/- inclusive of all taxes as per Annexure IV.    

           Thus, from the testimony of the complainant which has gone unrebutted and the documents submitted with the complaint, it is evident that M/s. KBM Electronics (OP-1) indulged in unfair trade practices as he charged Rs. 19,700/- from the complainant, whereas the MRP of the machine was Rs. 18,990/- inclusive of all taxes.  Thus, M/s. KBM Electronics (OP-1) have charged Rs. 710/- extra (Rs. 19,700/- - Rs. 18,990) from the complainant.  There is no evidence on record that the machine was defective one.  Thus, for this, no deficiency can be attributed to        M/s. KBM Electronics (OP-1) as well as M/s. IFB Industries (OP-2).  When M/s. KBM Electronics (OP-1) have charged an extra amount of Rs. 710/- above MRP, it has caused mental pain and suffering for which the complainant have to be compensated. 

In view of the above, we order that the complainant Shri Rajesh Kumar Chaudhary, be paid the difference amount of Rs. 710/- alongwith 9% interest from the date of purchase of washing machine i.e. 20.04.2014.  He be further paid an amount of Rs. 10,000/- on account of mental pain and suffering which includes the cost of litigation.  This will be paid by M/s. KBM Electronics (OP-1)

This order be complied within a period of 60 days from the date of receipt of order.  If not complied, the amount of compensation of              Rs. 10,000/-shall also carry 9% interest from the date of order till realization.

           Copy of the order be supplied to the parties as per rules.

           File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                            (HARPREET KAUR CHARYA)

       Member                                                                        Member 

 

(SUKHDEV SINGH)

                   President