Delhi

East Delhi

CC/191/2020

PRADEEP KUMAR GAUR - Complainant(s)

Versus

LIEBHERR INDIA PRIVATE LIMITED - Opp.Party(s)

S. P. JAIN

16 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 191/2020

 

	SH. PRADEEP KUMAR GAUR S/O SH. SUMER CHAND R/O.: A-10, GALI NO. 1, JAGAT PURI, NEAR AMBE MARBAL HOUSE, DELHI-110051	….Complainant
Versus
1	LIEBHERR INDIA PRIVATE LIMITED KESAR SOLITAIRE, 25TH & 26TH FLOOR, PLOT NO. 5, SECTOR 19, SANPADA, NAVI MUMBAI - 400705	……OP1
2	VIJAY SALES (INDIA) PVT. LTD. THROUGH ITS DIRECTOR, C/O.: A-18, SWASTHIYA VIHAR, VIKAS MARG, DELHI -110092	……OP2

 

 

Date of Institution	:	19.10.2020
Judgment Reserved on	:	16.05.2023
Judgment Passed on	:	16.05.2023

 

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

 

Order By: Shri S.S. Malhotra (President)

 

 

 

JUDGMENT

1. By this order the Commission shall dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency in service in selling a defective Refrigerator to the complainant by OP2 as manufactured by OP1. 
2. Brief facts as stated by the complainant in the complaint are that he purchased a Refrigerator from OP2 as manufactured by OP1 for an amount of Rs.17,300/- on 14.07.2020 and it was installed at his house but soon after the installation of the Refrigerator it was not working properly and ultimately, the complainant lodged the complaint with OP2, whose technician visited the complainant’s house on 11.08.2020 and observed that Compressor was not working, the Refrigerator is not cooling, and even the Gasket is very hot.  This information was passed by the said technician to OP2, who sent another technician on 14.08.2020 and he did the needful but as soon as the said technician left the house of the complainant, after 2-3 hours it was observed that the problem was still persisting which fact was informed to the OP2 as well as to OP1 but neither OP2 nor OP1 made any effort to repair the same or sort out the problem and thereafter a lot of correspondence was done but nothing was done by the OPs and ultimately he served a legal notice to the OP2 which was also not complied with and the complainant then filed the present complaint thereby demanding the cost of the Refrigerator i.e Rs.17,300/-, a compensation of Rs.2,00,000/- with interest @ 18% p.a along with litigation charges of Rs.30,000/- and expenses of Rs.2,000/-. 
3. Both the OPs were served but OP2 filed the Written Statement beyond the statutory period and vide Order dated 04.11.2022 it was ordered that its Written Statement would not be read for the purpose of its defense as it was filed beyond the statutory period and his application for Condonation of Delay was dismissed.  Simultaneously, OP1 was proceeded Ex-parte vide Order dated 04.11.2022 itself. 
4. Complainant has filed his evidence. 
5. The Commission has heard the arguments and perused the record. 
6. The purchase of the Refrigerator as well as making of complaint by the complainant along with two job cards one dated 11.08.2020 and 14.08.2020 have been improved by the complainant.  OP1 the manufacturer has not turned up to put up his defense at all and is running Ex-parte, whereas OP2 although filed the Written Statement but that was beyond the statutory period and therefore the Commission does not have any opportunity to appreciate the contentions of the OPs if any. 
7. As per the documents placed on record i.e. the job card dated 11.08.2020 it stands proved that Refrigerator which was purchased on July, 2020 was not having the cooling effect and even compressor admittedly was not working in August 2020 itself.  Anyone who purchases a new product always is assured that the new product would be hassle free at least during the warranty period but it does not happen in this case and despite writing letters and giving legal notice neither OP1 nor OP2 redressed the grievance.
8. In the considered opinion of this Commission this amounts to deficiency in service by both the OPs jointly and severally i.e. the OP1 the manufacturer and OP2 the dealer who sold the said Refrigerator and therefore the Commission hereby Orders as follows:

• OP1 and OP2 are both jointly and severally liable to return Rs.17,300/- to the Complainant @ 6% p.a. from the date of filing the complaint. 
• OP1 and OP2 both jointly and severally would also pay an amount of Rs.10,000/- towards compensation including litigation expenses.  The Complainant would return the Refrigerator to the OP2 at the expenses of OP2. 

This order be complied within 30 days from the date of receipt of the order and if the above order would not be complied with then an interest @ 9% would be charged on all above amounts. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.    

Announced on 16.05.2023.