Delhi

North

CC/213/2023

MUKESH KUMAR - Complainant(s)

Versus

LIEBHERR INDIA PVT LTD & ORS - Opp.Party(s)

12 Nov 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No:213/2023

 

IN THE MATTER OF:

 

Sh. Mukesh Kumar

S/o Sh. Prabhu Dayal

FK-29, Shastri Nagar,

Delhi-110052.                                     …                          Complainant

 

Vs

 

The Head Director/Manager/ A.R.

Liebherr India Pvt. Ltd.,

Kesar Solitaire,

25^th & 26^th floor,

Plot No.5, Sector-19,

Sanpoda, Mumbai.

Maharashtra-400705                           …                          Opposite Party No.1

 

AR/ Manager

Kohinoor Electronics & Co.

Showroom: A-518/1, A-777 & A-778,

Shastri Nagar, Delhi.                          …                          Opposite Party No.2

 

ORDER

12/11/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

1. Complainant had purchased a Double Door Fridge Model No.TCss 3520/2018 and Sl. No.900163188  vide Book no. 20, Serial No. 992 dated 10/12/2019 on payment of Rs.36000/- from opposite party no.2.
2. On 02/07/2023, the above said fridge stopped cooling and complainant had called OP-1 a company i.e. Liebherr Company through toll free no. 1800-233-3444 and the OP-1 had sent a mechanic/Technician to repair the fridge and the Mechanic/Technician stated that the Mother Board has burnt and stated that the mother board is to be repaired.
3. Thereafter, the Mechanic/Technician stated that the parts of the mother board was not available and stated to call opposite party no.2 and thereafter complainant contacted the OP-2 and he gave opposite party no.1 number i.e. 9896605550 namely Navdeep Gupta and thereafter, the Navdeep Gupta also gave the Number to another person namely Pankaj i.e. 8826479860 and the Pankaj gave number of Sh. Rahul Agnihotri i.e. 9627414841 and toll free no.7038100400 and stated that the first toll free number has been blocked/not working and requested the complainant to complaint to another number.
4. Complainant had also shown the Technician/mechanic number and also a receipt of Rs.350/- and then the Mr. Pankaj told that the above said persons are not related to opposite party and the above said person are not Authorized person of the company. Thereafter, opposite party provided the new toll free Number and complainant lodged a complaint at Toll Free Number No.7038100400 then complainant was surprised to note that the above said toll free number has not registered the complaint whereas complainant had lodged a complaint on dated 14/07/2023 vide No. DS-07140019.
5. On 16/07/2023, the technician of the above said company visited the place of complainant and told the expenses of the mother board and Gas as Rs. 5603/- but the fridge was already in warranty period. The above said Fridge Compressor on Warranty period of 10 years and opposite party has also charged the expenses of complainant in the Guarantee period. The opposite party has not given any information to complainant to block/ close the Toll free number. Warranty period paper have been filed with the complaint.
6. the complainant had sent a legal notice to the opposite party(s) on dated 01/08/2023 and same was received by opposite party(s) and the opposite party(s) has not sent any reply of the legal notice.

2.       It has further been alleged that the complainant had suffered mental tension & agony and couldn't afford this huge loss. The Opposite parties are liable for not only unfair trade practice but also low quality service, besides, opposite party(s) are liable for deficiency/insufficiency of services delivered to the complainant as a Consumer and thus contravened the Provisions of the Consumer Protection Act 2019.

 

3.       The Complainant has also filed copies of Aadhar card, bill of Kohinoor Electronics, Booklet of Liebherr’s Fridge, Invoice of Techno Services, estimate of Rs.10,357/-, legal notice, Original postal receipt, Techno porvo services, return envelope from regional office and warranty card along with the complaint.

4.       Accordingly, notices were issued to the OPs to defend the complaint before the commission but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

5.       The complainant has filed evidence by way of Affidavit and written arguments. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OPs.

6.       In view of the above observations, we are of the considered view that the complainant has suffered directly due to deficient service and unfair trade practice on the part of the OP 1, being the manufacturer of the product,  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. However, no deficiency in service has been observed on the part of OP-2.

7.       Therefore, considering the life of fridge as 10 years (at par with the period of warranty), the value of fridge for the remaining period i.e. 6 years 5 months, has been assessed and the present value of the fridge comes to Rs.23,100/- (Rupees Twenty Three Thousand One Hundred Only)  which shall be paid by the OP 1 to the Complainant within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 12.09.2023 (date of filing of complaint) till the date of the payment to the complainant. Besides OP-1 is also directed to pay Rs.25,000/- (Rupees Twenty Five Thousand Only) to the complainant, as compensation for the mental  pain, agony and harassment caused due to non-availability of the luxury & comfort of the fridge for long time.

8.       It is clarified that the aforesaid amount shall be paid by the OP 1 within 30 days, as directed above, at para 7 failing which the OP-1 shall be liable to pay interest @12% per annum on the entire awarded amount from the date of expiry of 30 days period.

9.       On payment of the awarded amount, the OP-1 shall collect the defective refrigerator at its own cost & convenience from the complainant and the complainant shall return the defective refrigerator to the OP-1 on receipt of the aforesaid ordered amount.

10.     Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

            ASHWANI KUMAR MEHTA                                                DIVYA JYOTI JAIPURIAR

                           Member                                                                                    President      

                    DCDRC-1 (North)                                                                DCDRC-1 (North)