Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 201.
Instituted on : 07.05.2018.
Decided on : 06.11.2019.
Surender Kumar age 45 years, s/o Sh. Jagan Naath R/o Shivaji Colony, Rohtak(Haryana).
………..Complainant.
Vs.
- KELVINATOR PRODUCTS INDIA, Head & Corporate office Address-296, Udhog Vihar, Phase-II, Gurgaon, Haryana(India), office Phone-0124-4215400.
- GOEL ENTERPRISES, Authorized Service Center of Kelvinator products Co. through its proprietor, Shop No.25, Palika Bazaar Rohtak.
- Pankaj Electronics, Shop No.36, Palika Bazaar, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.M.K.Vaid, Advocate for the complainant.
Opposite party No.1 & 2 exparte.
Opposite party No.3 in person.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that he had purchased a kelvinator refrigerator model No.KS-204-LTAM, S.No.210316261324401741 on dated 14.06.2017 from the opposite party No.3 which was manufactured by opposite party no.1.That the above mentioned refrigerator started creating problems e.g. Auto on/off, suddenly stopped working of freezer, malfunctioning of cooling of top to bottom, over-heating problem etc. just after one month of the date of purchase and he informed the same to the opposite party no.2. Opposite party no.2 told that the same problem will be alright by the continuous use of said refrigerator. That complainant continued to use the same about on 16.07.2017 but was shocked to see that the cooling of the above said refrigerator stopped and the refrigerator remained a box. That complainant again contacted the opposite party no.2 who advised him to contact the company. That complainant contacted the authorized service centre of the company and after registration of complaint, an engineer of the opposite parties checked the refrigerator and told that the refrigerator is having a manufacturing fault. Complainant contacted the opposite parties time and again for redressal of his grievance but no satisfactory reply was given by the opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the price of refrigerator i.e. Rs.10900/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.2 & 3 did not appear despite service and were proceeded against exparte vide order dated 03.07.2018. Opposite party No.1 also did not appear despite service of notice through registered post and opposite party No.1 was also proceeded against exparte vide order dated 08.11.2018 of this Forum. Lateron, on the application of opposite party no.3, exparte order against OP no.3 was set aside and opposite party No.3 filed its reply submitting therein that after selling the refrigerator, the answering respondent has no concern with the same because in case of any defect in the same, the complainant should approach the authorized service centre of the manufacturer. That complainant is not entitled to refund of price of refrigerator. There is no deficiency in service on the part of answering respondent and dismissal of complaint has been sought.
4. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 14.10.2019 . On the other hand, ld. Counsel for the opposite party No. 3 tendered affidavit Ex.R1 and closed their evidence on dated 19.06.2019 of this Forum.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. After going through the file and hearing the parties it is observed that complainant had purchased the refrigerator in question on 14.06.2017. As per complaint and affidavit filed by the complainant, there were defects in the alleged refrigerator from the very beginning e.g. Auto on/off, suddenly stopped working of freezer, malfunctioning of cooling from top to bottom, over-heating problem etc. which appeared on 16.07.2017 i.e. just after one month of the date of purchase and he informed the same to the opposite parties. Complaint of the complainant was also registered by the OPs on dated 10.11.2017 and copy of the same is placed on record as Ex.C2. But despite repeated requests of the complainant, problem could not be resolved by the Ops. Hence there is deficiency in service on the part of opposite parties. Complainant has also placed on record copy of bill Ex.C3 and a note dated 27.09.2019 issued by the Hind Refrigeration/repairer of the refrigerator, as per which he has stated that there are no original spare parts available in the market, so the local parts will be fitted in the refrigerator without any guarantee and he also charged Rs.4250/- for the same. The contention of the complainant is that the refrigerator is not working properly even after repair as there is manufacturing defect in the same. On the other hand, opposite party No.1 & 2 did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding manufacturing defect in the refrigerator stands proved. As such complainant is entitled for the refund of price of refrigerator as he has used the refrigerator in question only for one month.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party No.1 being manufacturer to refund the price of refrigerator i.e. to pay Rs.10900/-(Rupees ten thousand nine hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 07.05.2018 till its realization and shall also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation as well as litigation expenses to the complainant within one month from the date of decision. However, complainant is directed to hand over the refrigerator in question to the opposite parties at the time of receiving of awarded amount.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.11.2019
…………………………………..
Nagender Singh Kadian, President
…...........................................
Renu Chaudhary, Member.
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Tripti Pannu, Member.
