Haryana

Ambala

CC/258/2014

HARDEV SINGH - Complainant(s)

Versus

KHAITAN ELECTRICALS LTD. - Opp.Party(s)

BALDEV SINGH

01 Jun 2016

ORDER

                                        BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :

                                                                                                    AMBALA

 

 

                     Complaint Case No.       :      258 OF 2014

                     Date of Institution         :      12-09-2014

                     Date of Decision            :       01.06.2016

 

 

Hardev Singh son of Sh. Jagpal R/o H.No. 236, Near Govt. High School, Chhabiana, Mahesh Nagar, Ambala Cantt.

                                                                                                                                                    :::::::Complainant.

                                                                                         Versus

1.             Khaitan Electricals Ltd., 46-CJL, Nehru Road, Kolkata- 700071.

2.             M/s Sargam Hitech Electronics, 410-411, Mahesh Nagar, Ambala Cantt,(Old Address).

New Address:-

                 M/s Saugat Electronics (Voltas Shopee), Opposite Madras Hotel, Rai Market, Ambala Cantt.

                                                                                                                                                           :::::::Opposite Parties.

        Complaint Under Section 12 of the Consumer Protection Act.

CORAM:            SH.A.K.SARDANA, PRESIDENT

                        SH. PUSHPENDER KUMAR, MEMBER

Present:-           Sh. Baldev Singh, Adv. counsel for complainant

                        OP No.1 ex-parte.

                        OP No.2 deleted vide order dt.19-8-2015               

O R D E R

1.           Brief facts of the present complaint are that the complainant purchased  an Air Cooler of Khaitan Company having model No. KACDB60MP, Serial No. KRCD314004 on 2-5-2014 in a sum of Rs.12,200/- with assurance of good quality from OP No.2. After 10-15 days, the said cooler started giving problems of Air cooling. So, the complainant reported the matter to OP No.2 telephonically as well as personally whereupon OP no.2 did not gave any response to the complainant rather asked him to contact directly to the company. Thereafter complainant contacted the OP No.1 and got registered his complaint bearing No.563621 at which cooler was repaired after 8 days but the problem remained the same. So, the complainant contacted to the Area Manager of OP No.2 but the complaint of the complainant was not properly responded and thus the complainant again registered complaints 2-3 times with OP company vide complaint No.594778 and 600521 but he got no satisfactorily response from the company which is a deficiency in service as well as unfair trade practice on the part of OPs. Hence, having no alternative, complainant preferred the present complaint seeking relief as mentioned in the prayer para.

 

 

2.          Notice of complainant was duly served upon OP’s through Regd. Post but OP No.1 did not bother to appear despite service and thus he was proceeded against ex-parte vide order dated 17-3-2015 whereas one Hemant Batra, Prop. Of M/s Saugat Electronics, Shop No. 105-106, Rai Market, Ambala Cantt appeared on behalf of OP No. 2  and tendered a statement that Shop of OP No.2 i.e. M/s Sargam Hitech Electronics has closed and he has not sold the cooler in question to the complainant but as a matter of good gesture, he has forwarded the complaint of the complainant to OP No.1 company being manufacturer of cooler in question and requested for deleting his name from the array of respondents as his address has been wrongly given by the complainant whereupon his name was ordered to be deleted from the array of OPs vide order dated 19-8-2015. 

 

3.          To prove his contention, complainant tendered his affidavit as Annexure C -X alongwith documents as Annexures C-1   to C-7  and closed the evidence.

 

 

4.           We have heard the complainant  and gone through the case file minutely. The main grievance of the complainant is that he purchased an Air Cooler of Khaitan company vide bill No.2920 dated 2-5-2014 in a sum of Rs.12,200/- which became defective within 15/20 days of its purchase i.e. during the warranty period, wherefrom it is established that this Air Cooler is having a manufacturing defect but OPs failed to rectify the defects or replace the Air Cooler in question inspite of numerous complaints made to them which is admittedly a deficiency in service on their part.
5.  

 

5.           After hearing the complainant and going through the record, it is crystal clear from the document Annexure C-1 that the Air Cooler in question is of Khaitan Company which was  sold  by OP No.2 to the complainant on 2-5-2014 vide bill No. 2920. Further it is also not in dispute that the Air Cooler was having a warranty of one year from the date of its purchase and became defective during the warranty period. It is also not in dispute that the complainant made various complaints bearing Nos. 563621,594778 & 600521 to the OP No.1 company as mentioned in the complaint but inspite of that, grievance of complainant has not been redressed till date by the OP company rather the OP No.1 did not bother to appear and submit reply to the contention of complainant despite service of notice upon him and thus this Forum has no option except to believe the version of the complainant.

                So, from the above discussed facts, we have come to the conclusion that the Air Cooler of Khaitan company sold to the complainant by the OP No.2  was having inherent defect from its very beginning and the same was not rectified by the OPs  during the warranty period despite various visits of the complainant to their service centre and even making of complaint in this regard to OP company vide complaint Nos. 563621,594778 & 600521. Hence, it is a clear cut case of deficiency in service and unfair trade practice committed by OP No.1. Accordingly we accept the complaint and direct the OP No.1 to comply with the following directions within thirty days from the communication of this order:-

                (i)     to replace the Air Cooler in question of the same model or if the  same model is not available, then to return the cost of Air Cooler i.e. Rs.12,200/- to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till date.

               (ii)     to pay  Rs. 3000/- as  compensation  for  harassment and mental agony etc.

              (iii)      also to pay Rs.3000/- as costs of litigation.

Further the aforesaid order/directions issued above must be complied with by the OP No.1 within the stipulated period failing which all the awarded amounts shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. A copy of this order be sent to the parties concerned free of cost. File be consigned to the record room after due compliance.

Announced:  01/06/2016

                                                                                                                     Sd/-

                                                                                                       ( A.K.SARDANA)                                                                        

                                             Sd/-                                                               PRESIDENT

                            ( PUSHPENDER KUMAR )

                                              MEMBER