DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 264/2015

Navendu K. Bhardwaj

R/o Flat No. A-3, Plot No.C-63,

Chhatarpur Enclave,

Phase-II,

New Delhi-110074.

                                                                                    ….Complainant

Versus

1. M.G. Ezone, 6,

DAV School Building,

Yusuf Sarai,

New Delhi-110016

2. Samsung India Electronics Pvt. Ltd.

     2^nd 3^rd & 4^th Floor,

Tower C, Vipul Tech Square,

Old Golf Road, Gurgaon, Sector-43,

Gurgaon-122002.

                                                                        ….Opposite Parties

                                                  Date of Institution      :         28.09.15      Date of Order      :         05.09.19   

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

1. Succinctly put, the complainant Navendu K. Bhardwaj purchased a Samsung Side by Side refrigerator from M/s M.G. E-Zone (OP-1) and paid Rs.78,500/- on 23.08.2015. Receipt regarding the same is marked as Mark-A for the sake of identification.
   1. It is averred that the complainant was assured that the Demo Engineer of OP-1 will come to the house of the complainant to install the refrigerator, demonstrate the features and their functioning and connect directly with the RO water purifier for the dispenser system of the refrigerator. It is stated that a representative of OP-1 came to his house and connected the RO with his refrigerator but he had no knowledge regarding the detailed features of the refrigerator. It is stated that one candle at the back of the fridge was fixed by him which kept leaking and was later fixed by representative of OP-1.
   2. It is next averred that the Dealer/ OP-1 had conveyed that fully crushed ice will be dispensed from the dispenser of the refrigerator. While Demo Engineer conveyed that only small pieces will be dispensed. The complainant was disappointed as he had purchased the refrigerator for his young son who wanted fully crushed ice for ice-cream/ Barfka Gola etc. but due to the wrong representation of the dealer, the complainant purchased the refrigerator. Thereafter, the complainant made numerous calls at the service centre of Samsung India Electronics Pvt. Ltd. (OP-2) to resolve the leaking issue and to explain in detail about the specific dispenser system of the refrigerator but all in vain. The complainant wrote mails dated 30^th August and 31^st August on the website of OP-2 regarding his complaint but no action was taken on his complaint.
   3. Aggrieved and harassed at the attitude of OPs, the complainant approached the Forum with direction to OPs to pay Rs.4,00,000/- towards compensation & harassment. Additionally directions for returning the said refrigerator to OP and refunding the amount i.e. Rs.78,500/- paid to the complainant.
2. OP-2 resisted the complaint inter-alia stating that in order to provide the customer service OP-2 has taken best possible methods to resolve the present complaint. It is submitted that the complainant is adamantly demanding the refund/ replacement of said refrigerator which was denied by OP-2 as the complainant had contacted OP-2 for the issue which is to be resolved by the service provider and not by OP-1. Hence, it clearly proves that the said refrigerator is working fine and as per the settled law if an equipment or machinery can be repaired it cannot be ordered to be replaced. It is, thus, prayed that the complainant is not entitled to any relief and the complaint is liable to be dismissed with exemplary cost.
3.  Rejoinder to the written statement of OP-2 is filed by the complainant wherein facts of the complaint are reiterated. Evidence by way of affidavit is filed by the complainant whereas evidence of Shri Sunil Bhargav Authorized representative of OP-2 has been filed. OP-1 is proceeded against exparte on 21.12.2015.
4. Written arguments of OP-2 have been filed.
5. After having heard the Ld. Counsels and perusing the material placed on record it is noticed that complainant basically has two contentions. First being that after sale service of OP-2 was not to his satisfaction. But going through the complaint it is found that initially  when the complainant had complained about the leakage in the candle the complainant submits that it was rectified immediately. It is next observed that OP-2 has attended the calls of the complainant and have duly reverted on his emails. Therefore we do not find any deficiency of OP on this account.
6. Second contention of the complainant is regarding the ice dispenser. The complainant was misinformed/ misrepresented that crushed ice will be dispensed from the Ice and Water Dispenser. Complainant has placed the Refrigerator’s USER Manual on record. Page-17 of the said manual clearly states that there was option available wherein the ices cubes can be crushed. For ready reference the relevant portion is produced below:-

“Press the Ice Type button to select the type of ice you want- Cubed, Crushed, Ice Off

Ice is made in cubes. When you select “Crushed”, the icemaker grinds the ice cubes into crushed ice.”

7. It is the case of the complainant that he purchased the said model of the refrigerator only on demand of his young son for crushed ice. But the specific feature which was to grind the ice cubes and to crush ice was not available in the said refrigerator. It was on the representation and knowledge of OP-1 that complainant purchased the refrigerator which would provide crushed ice. However, complainant was disappointed as the said feature was not available. OP-1 chose not to contest the complaint. Therefore, averments quo OP-1 have remained unchallenged and uncontroverted. There is no reason to disbelieve the version of the complainant.
8. Therefore, we hold OP-1 and OP-2 guilty of misrepresentation. It is not the case that the refrigerator is not functioning properly or there is any manufacturing defect in the refrigerator.
9. Hence, this Forum is of the opinion that notional sum of Rs.15,000/- would make good the loss of the complainant. Accordingly, OP-1 and OP-2 are jointly and severally liable for misrepresentation. OP-1 and OP-2 are directed to pay Rs.15,000/- towards compensation to the complainant within 45 days from the date of receipt of the copy of this order. Failing which the OP-1 & OP-2 shall become liable to pay interest @ 6% p.a. on Rs.15,000/- from the date of filing of complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 05.09.19.