Haryana

Ambala

CC/316/2016

Narinder Kumar Sharma - Complainant(s)

Versus

Krishna Electronics - Opp.Party(s)

In Person

10 Mar 2017

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 316 of 2016

                                                          Date of Institution         : 10.08.2016

                                                          Date of decision            : 10.03.2017

          Narinder Kumar Sharma resident of house No. -1102 Preet Nagar, Barara,       Distt. Ambala.   

……. Complainant.

1. Krishna Electronics  near Railway Crossing, Barara District Ambala (through its Prop).
2. Altimate Solution 100 Mall Road, Ambala Cantt (Through its service manager).
3. Godrej & Boyce F-303, Industrial Area Mohali, Sector-74, Mohali SAS Nagar (Punjab) -160055 (Through its G.M).

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                          

 

 

Present:       Complainant in person.

                   Ops already exparte v.o.d. 26.09.2016.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a refrigerator make Godrejmode-26 CST vide bill memo No. 11598 dated 23.03.2004 of Rs. 17000/- from the OP No. 1 which was having one year warranty but on 17 Nov 2015, the above said refrigerator started giving problem i.e. gas cooling of the refrigerator has not been going on and functioning of the fridge has become halted. After approaching by complainant to the Op No. 1, he assured that a mechanic will come to solve the problem, on 18 Nov 2015 the mechanic came and solve the cooling problem and received Rs. 975/- as service charge form the complainant. On 02 Jun 2016 again the same problem has created with the refrigerator cooling was not been going on and again mechanic came tohouse of the complainant and solve the Gas cooling problem and again received Rs. 1100/- as service charges from the complainant. Further submitted that on 23 July 2016 again the same problem has created and the complainant again approached with the service centre on toll free number vide complaint No. – F2307763185 then the official of the service centre Mrs. Ashok Kumar mechanic came and solve the above problem but on dated 04 August 2016, the above said refrigerator again created the same problem i.e. cooling not working then the complainant again approached to OP No. 1, but he totally refused to rectify the genuine request of the complainant. Further submitted that the complainant again and again approached the OPs for replacing or refunding the price of Rs. 17000/- of refrigerator alongwith interest as there is manufacturing defect it. Due to the above said deficiencies services rendered by Ops, the complainant has suffered harassment and mental. Hence, the present complaint.

2.                Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against exparte vide order dated 26.09.2016.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 and C-3 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of the complainant is that the complainant had purchased a refrigerator make Godrejmode-26 CST vide bill memo No. 11598 dated 23.03.2004 of Rs. 17000/-  from the OP No. 1 Annexure C-1 which was having one year warranty but on 17 Nov 2015, the above said refrigerator started giving problem i.e. gas cooling of the refrigerator has not been going on and functioning of the fridge has become halted and the OPs could not rectified the above said problems after trying many times to repair the refrigerator. The main grievance of the complainant is that the refrigerator has manufacture defect which could not rectifying by the mechanics of the OPs and prayed for replacement of the unit or refund the amount of Rs. 17000/-. The complainant has placed on record the receipt of Rs. 975/- dated 18.11.2015 and  receipt of Rs. 1100/- dated 03.06.2016 (the amount paid by the complainant) Annexure C-2 and Annexure C-3 from which it reveals that the complainant had paid the gas charges. After paying the gas charges mentioned above, the problem could not be rectifying and the same problem occurred i.e. Gas cooling not working properly and he has approached to the service centre on toll free number vide complaint no. F2307763185 on 23 July 2016 as well as on 04 August 2016. It means the compressor of the fridge was not working properly. We are of considered view that the refrigerator having defect in compressor and the above said compressor liable to be replaced within its warranty period inspite of various visits by complainant thus the OPs are negligent in rectifying the problems of refrigerator. The Ops despite registered notice not pursued the case and they were proceeded against exparte v.o.d. 26.09.2016. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

5.                In view of above discussion, the present complaint is hereby allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To replace the compressor of refrigerator in question with a new one without taking any charges and make its in working condition.

 (ii)    Also to pay a sum of Rs. 3,000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :10.03.2016                                                

                                                                                            Sd/-

                                                                                   (D.N. ARORA)

                                                                                       President

 

                               Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member