DISTRICT CONSUMER DISPUTES REDRESSAL FOR`UM, BATHINDA.

CC.No. 375 of 07-08-2012

Decided on 25-10-2012

Paramjit Kaur aged about 25 years d/o Hardev Singh residing at Village Bhagi Bander, Tehsil Talwandi Sabo, Distt.Bathinda, now wife of Amandeep Singh, resident of village Bandi, Tehsil and District Bathinda.

.......Complainant

Versus

1.Kelvinator India, Head Office: 296, Udyog Vihar, Phase II, Gurgaon, Haryana; through its CEO.

2.Chopra Electronics, Mehna Marg, near Mahavir Dal Eyes Hospital; Bathinda; through its proprietor.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt. Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.Rajinder Kaur, counsel for the complainant.

For Opposite parties: opposite parties ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that on 28.1.2012, the complainant alongwith her father and close relative (husband of sister of father) Sh.Sukhpal Singh Gill, Advocate visited the opposite party No.2 for purchase of the electronic durables such as refrigerator, washing machine, LCD and cooler to be given in dowry at the time of her marriage to be solemnized on 8.2.2012. The opposite party No.2 showed the various model of the refrigerators of the various companies and he impressed upon the complainant and persons accompanying her to purchase the refrigerator make Kelvinator and assured trouble free service of this refrigerator and also informed that the said refrigerator carries warranty/guarantee of one year from the date of its purchase. The opposite party No.2 assured the complainant in case of any problem they should contact him and she will get the needful done and the said refrigerator will be replaced with a new one if it gives problem in future. On the insistence of the opposite party No.2 the complainant has purchased 180 litre refrigerator Kelvinator against the cash payment of Rs.8200/- vide invoice No.R-282 dated 28.1.2012. The complainant has started using the said fridge according to the instructions given in the manual on 15.4.2012 but the same did not start working. The complainant has contacted the opposite party No.2 and informed him about the non functioning of the said fridge but the proprietor of the opposite party No.2 instead of attending to the complaint behaved rudely and refused to entertain her and advised her to get it repaired from the private mechanic. Thereafter, Sh.Sukhpal Singh Gill, Advocate on behalf of the complainant has lodged a complaint regarding the said refrigerator on customer care toll free No.18008814040 on 16.4.2012 and complaint No.LUD 1604120009 was issued and it was assured by the operator that the engineer of the company namely Mr.Karnail Singh will visit their premises within 48 hours and will sort out the problem but despite the repeated complaints none from the company came. On 21.4.2012, a message was flashed on the mobile No.94173-25754 of Sh. Sukhpal Singh Gill that your complaint has been cancelled and to give feed back on 92117-28660. Accordingly, Sh.Sukhpal Singh Gill gave feed back on the given number regarding non repair of the said refrigerator/fridge, then a new complaint No.LUD 2204120008 dated 22.4.2012 and also mobile number 78376-33724 of Er. Karnail Singh was given. The engineer was contacted over phone and thereafter on 25.4.2012 he has visited the premises of the complainant and inspected the defective fridge and carried out repairs and a message was sent that your fridge has been repaired but in the evening the same stopped working. On 26.4.2012 according to their feedback sent to the customer care of the company complaint was reopened on 26.4.2012 against the same number. Thereafter, the engineer has changed the compressor of the defective fridge. The said fridge worked properly for two to three days, then on 24.6.2012 the said fridge again stopped working and there was no formation of ice. The complainant again made complaint on 24.6.2012 and complaint No.LUD 2406120127 was issued to her but no one attended to the complaint despite of repeated calls made by her and ultimately on 12.7.2012 an engineer came and repairs the said fridge but in the evening the said fridge again went dead. A complaint was lodged vide complaint No.LUD 1207120407 and it was informed to the complainant that Er.Gurpreet Singh having mobile No.90413-32030 of company will repair the product shortly. On 13.7.2012 the said engineer repaired the fridge in question and complaint was closed. The said engineer orally informed the complainant that the said fridge is having some manufacturing defect due to which it is going out of order time and again and the same is to be replaced. On 20.7.2012 the said fridge again stopped working and the complainant sent message on No.92117-28660 regarding the said fridge and a message was received that call centre will make a call and a call was also received from 01166459300 to the effect that a team will visit to inspect the said fridge but till date no one came to inspect the same. Hence the complainant has filed the present complaint for seeking the directions to the opposite parties to refund the price of the said fridge alongwith interest @ 18% p.a from the date of purchase of the said fridge till its actual realization alongwith cost and compensation.

2. Registered notice has been sent to the opposite parties, despite receiving the summons they have failed to appear before this Forum, hence ex-parte proceedings are taken against the opposite parties.

3. The complainant has led ex-parte evidence in support of her allegations. She has produced Ex.C1 her own affidavit dt.6.8.2012; Ex.C2 photocopy of bill dated 28.1.2012; Ex.C3 Original invitation card of her marriage dt.8.2.2012; Ex.C4 her own affidavit dt.6.8.2012 and Ex.C5 affidavit of Sh.Sukhpal Singh Gill dt.18.10.2012.

4. The arguments advanced by the learned counsel of the complainant heard. Record alongwith written submissions submitted by the complainant perused.

5. The complainant has purchased four electronic items from the Chopra Electronics i.e. the opposite party No.2 including fridge/refrigerator Kelvinator 180 litres worth Rs.8200/-, Washing Machine LG 7556 worth Rs.8600/-, LCD Panasonic (24”) 24C31 worth Rs.14,300/- and Cooler worth Rs.3200/- on dated 28.1.2012 vide invoice No.R-282 and she has paid the said amount in cash to the tune of Rs.34,300/- but in the present case the complaint is regarding the said refrigerator/fridge 180 litre that has been purchased for Rs.8200/-, these four items were purchased by the father of the complainant to give in her wedding that was solemnized on 8.2.2012 and to prove this the complainant has placed on file Ex.C3 wedding card of her marriage. The said refrigerator/fridge so purchased by the complainant was defective since its purchase and a number of complaints has been lodged by her. On 15.4.2012 the said refrigerator/fridge did not start working and Sh.Sukhpal Singh Gill, Advocate has lodged a complaint on behalf of the complainant on customer care toll free No.18008814040 on 16.4.2012 and complaint No.LUD 1604120009 was issued and the opposite parties assured that the engineer of the company namely Mr.Karnail Singh will visit their premises within 48 hours and will rectify the problem but none has came to her premises to rectify the problem. On 21.4.2012, a message was received by Sh. Sukhpal Singh Gill, flashed on his cell No.94173-25754 that your complaint has been cancelled and give feed back on cell No.92117-28660. The feed back regarding the non repair of the said refrigerator/fridge has been given, a new complaint No.LUD 2204120008 dated 22.4.2012 was made and also one mobile number 78376-33724 of Er. Karnail Singh was given and the engineer was contacted over phone and thereafter on 25.4.2012 he has visited the premises of the complainant and inspected the defective refrigerator/fridge and carried out repairs and a message was sent that the refrigerator/fridge has been repaired but in the evening the same stopped working. According to the feedback on 26.4.2012 complaint was reopened against the same number. The engineer of the company changed the compressor of the defective refrigerator/fridge. The said refrigerator/fridge worked properly for two to three days, then on 24.6.2012 the same again stopped working. In this way the said refrigerator/fridge has been giving the problem since the day of its use, it has been observed that this refrigerator/fridge in question has been given as dowry to the complainant and she has to face humiliation and harassment on the part of the opposite parties and also felt bad in her family, due to this reason her father has to purchase a second hand refrigerator/fridge by spending his hard earned money, as a stop gap arrangement due to the non working of the same. The opposite parties have not appeared before this Forum which clearly shows that they are admitting their liability.

6. From the facts, circumstances and evidence placed on file it is proved that the complainant alongwith her father and her close relative Sh.Sukhpal Singh Gill i.e husband of her sister-in-law have repeatedly complained the opposite parties regarding the defect in the said refrigerator/fridge. The complainant has lodged various complaint on customer care toll free No.18008814040 and has given feedback to the opposite parties, moreover their engineer Karnail Singh has also visited the premises of the complainant and inspected the defective fridge/refrigerator and carried out repairs and message was sent that the fridge/refrigerator has been repaired but in the evening it stopped working again and a feed back was sent on 26.4.2012, complaint was re-opened and the compressor of the said refrigerator/fridge was changed but despite that the same was not rectified that clearly suggest that there is inherent manufacturing defect in the said refrigerator/fridge. The refrigerator/fridge in question was purchased in utmost good faith to be given in the marriage of the complainant but a defective refrigerator/fridge has been given by the opposite party No.2 to the complainant. The manufacturer is liable to replace the said refrigerator/fridge or to refund the amount of the same. The dealer is equally responsible for giving the defective piece to the complainant.

8. Therefore in view of what has been discussed above this Forum concludes that there is deficiency in service on the part of the opposite parties, Hence this complaint is accepted against the opposite party No.1 with Rs.5000/- as compensation and cost of Rs.1000/- against the opposite party No.2. The cost of Rs.1000/- will be paid separately by the opposite party No.2 to the complainant. The opposite party No.1 is directed to refund the amount of Rs.8200/- to the complainant alongwith compensation of Rs.5000/-. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

In case of non compliance the interest @ 9% per annum will yield on the amount of Rs.8200/- since the institution of this complaint i.e. on 7.8.2012 till realization.

9. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

25-10-2012

(Vikramjit Kaur Soni)

President

(Amarjeet Paul)

Member

(Sukhwinder Kaur)

Member