BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.63 of 2019.
Date of institution: 06.03.2019.
Date of decision:25.02.2020.
Vinay son of Gain Chand, R/o Village Deora, Tehsil & Distt. Kaithal.
…Complainant.
Versus
- Lavish Communication, Shop No.G-15, Lala Lajpat Rai Compex Pehowa Chowk, Kaithal through its Prop.
- Vego Home Science Pvt. Ltd., 30T, ACME Industrial Park Off. I.B. Patel Road, Western Express, Highway Goregoan, East Mumbai through its Managing Director.
- Satinder Karnal, Aastha Enterprises, Shop No.6-D, Rajender Nagar D.C.Colony, Karnal-132001, M (70155-69906).
- Vego Air Service Centre, SCO No.110, Basement, SCO No.110, Basement, Mugal Canal, Karnal-130001, through its proprietor/partner.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. Kuldeep Singh Dhull, Advocate, for the complainant.
Sh. Ranbir Rana, Advocate for the OP.No.1.
Sh. Pawan Gautam, Adv. for the Op No.3.
Ops No.2 & 4 exparte.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant has purchased Cooler Ghr 72 Vigo Cooler No.M0704A18F11277 for a sum of Rs.11,100/- from the Op No.1 vide invoice No.861 dt. 01.05.2018. It is alleged that after one month of its purchase, the said cooler became defective due to mechanical defect of swing. The complainant approached the Op No.1 and the Op No.1 provided the toll free number to the complainant bearing No.HAR1807310001 on 31.07.2018 and thereafter, the complainant informed the company on the above-said toll free number. The company send the mechanic at the house of complainant and checked the cooler and he told that there is swing defect in the above-said cooler and when the mechanic repaired the defect of the cooler, then the front bonnet of the cooler was also broken. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs No.1 & 3 appeared before this Forum, whereas Ops No.2 & 4 did not appear and opted to proceed against exparte vide order dt. 02.07.2019. Ops No.1 & 3 contested the complaint by filing their replies separately. Op No.1 filed the reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the PCBV (Printed Circuit Board System) was damaged due to electric fault and due to fluctuation of light in the area of complainant. The mechanic of Op No.3-company went to change the same but the complainant refused to change the PCB and Op No.3/company is ready to change the PCB. There is no deficiency in service on the part of Op. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. Op No.3 filed the reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; jurisdiction; that the answering Op is only the distributor and is not the manufacturing company and there is no responsibility of Op No.3 and it is clearly mentioned in the conditions on the bill issued by the Op No.1 that for the warranty of the cooler, the manufacturer company i.e. Op No.4 is responsible, not the answering Op. There is no deficiency in service on the part of Op. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
4. The complainant tendered into evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C6 and thereafter, closed the evidence.
5. On the other hand, the Op No.3 tendered into evidence affidavit Ex.RW1/A and thereafter, closed the evidence. The Op No.1 did not produce any evidence despite availing several opportunities, so, the evidence of Op No.1 was closed vide court order dt. 17.02.2020.
6. We have heard the learned Counsel for both the parties and perused the record carefully.
7. Undisputedly, the complainant has purchased Cooler in question for a sum of Rs.11,100/- from the Op No.1 vide invoice No.861 dt. 01.05.2018. According to the complainant, after one month of its purchase, the said cooler became defective due to mechanical defect of swing. The complainant approached the Ops and the Ops send the mechanic at the house of complainant. The grievance of the complainant is that when the mechanic repaired the defect of the cooler, then the front bonnet of the cooler was broken.
8. We have considered the rival contentions of both the parties. Ld. Counsel for the Op No.1 contended that the PCBV (Printed Circuit Board System) was damaged due to electric fault and due to fluctuation of light in the area of complainant. He further contended that the mechanic of Op No.3-company went to change the same but the complainant refused to change the PCB and Op No.3/company is ready to change the PCB. The complainant has taken the specific stand in the complaint that when the mechanic repaired the defect of the cooler, then the front bonnet of the cooler was also broken. The Ops have failed to rebut the same nor they have denied the stand taken by the complainant that due to fault on the part of their mechanic, the front bonnet of the cooler was also broken. So, we are of the view that the Ops are liable to repair the cooler and to replace the damaged bonnet of cooler.
9. Thus, as a sequel of above discussion, we allow the complaint partly accordingly and direct the Ops to repair the cooler including replacement of the damaged bonnet of cooler free of cost. No order as to costs. It is further directed that the service engineer, who will repair the cooler in question of the complainant shall submit a repair certificate to this Forum about repairing the cooler in question after obtaining the satisfaction note from the complainant. All the Ops are jointly and severally liable. Let the order be complied with within 30 days from the date of preparation of copy of this order. A copy of said order be supplied to the parties free of costs. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:25.02.2020. (D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
