DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.480 of 2018

                                                Date of institution:  25.04.2018                                                  Date of decision   :  16.10.2019

Jaswinder Kaur wife of Tarlochan Singh aged about 43 years, resident of # 105, Gali No.6, Dashmesh Colony, Balongi, Tehsil and District Mohali.

…….Complainant

Versus

1.     Krishna Electronics, Shop No.182, Dashmesh Market, Balongi, Tehsil and District Mohali through its Proprietor.

2.     M/s. Videocone Industries Ltd., Plot No.296, Udyog Vihar, Phase-2, Gurgaon -122015 through its Manager.

                                                         ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Iqbal Singh, counsel for complainant alongwith Shri Tarlochan Singh, authorised representative of complainant.

                OPs Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                Complainant purchased refrigerator from OP No.1, manufactured by OP No.2, by paying price of Rs.25,000/- through retail invoice dated 21.04.2017, issued by OP No.1. Four months after purchase of refrigerator, defect occurred regarding display card problem and the same replaced by company on complaint of complainant. For the last 2-3 months, refrigerator is not working properly because it is giving extra noise from freezer fan and even its compressor not giving auto cut off. Due to this problem, ice is not freezing and the noise emitted has made sleeps of complainant and his family members uncomfortable. Mr. Ranjit, an engineer was sent by OPs, who after discussion assured that defect of the refrigerator will be resolved, but thereafter no response received from OPs. Complaints dated 10.03.2018 and 17.03.2018 through registered post were sent to OP No.2, but nothing done, despite the fact that refrigerator is within guarantee period. By claiming that OPs rendered deficient services, this complaint filed for direction to OPs to remove defects of the refrigerator for making the same in proper working condition or to replace the same. Compensation for mental agony and harassment of Rs.20,000/- alongwith interest @ 12% per annum and litigation expenses of Rs.10,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Authorised representative of complainant tendered in evidence affidavit of complainant Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-5 and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Perusal of  affidavit Ex.CW-1/1 alongwith invoice Ex.C-1 establishes that refrigerator in question was purchased by complainant on 21.04.2017 from OP No.1 by paying price of Rs.25,000/-. Endorsement on the bill Ex.C-1 itself shows that responsibility of retailer/seller ceases after delivery of goods to the carrier. In view of this and in view of the fact that manufacturing defect bound to be removed by manufacture either through self or through authorised service centre, it has to be held that complaint against OP No.1 not maintainable because he after sale of refrigerator gave assurance of guarantee on behalf of manufacturer and not at its own.

6.             Perusal of letters Ex.C-2 and Ex.C-3 dated 10.03.2018 and 17.03.2018 sent through postal receipts Ex.C-4 and Ex.C-5 establishes that complainant informed customer care service centre of OPs as if noise from the freezer fan is being emitted and compressor not giving auto cut off and these problems have not been resolved till date resulting in sleepless nights for complainant and her family members. As defects occurred within warranty period and complaints even lodged within warranty period of one year as disclosed by contents of Ex.C-2 and Ex.C-3, and as such certainly manufacturer i.e. OP No.2 rendered deficient services in not providing services as per terms and conditions of guarantee. As refrigerator is not working properly and as such OP No.2 bound to remove the defects free of cost, for making refrigerator functional properly within 30 days from the date of receipt of certified copy of order. However, in case such defects found to be not removable on checking by service centre of OP No.2 or its engineers, then OP No.2 must replace defective refrigerator with new one of same model or worth within 50 days from date of receipt of certified copy of order. As complainant stood mentally harassed and even dragged in this litigation and as such complainant entitled to compensation and litigation expenses also.

7.             As a sequel of above discussion, complaint dismissed against OP No.1, but same allowed against OP No.2 with direction to it to remove the defects in the refrigerator free of costs for making the same functional properly within 30 days from date of receipt of certified copy of the order. In case such defects cannot be removed, then OP No.2 is directed to replace the defective refrigerator with a new one of same model or wroth within 50 days as aforesaid. Compensation for mental agony and harassment of Rs.5,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OP No.2.  Payment of amount of compensation and litigation expenses be made by OP No.2 within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

October 16, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member