Haryana

Ambala

CC/342/2023

DINESH KUMAR. - Complainant(s)

Versus

MADAAN ELECTRONICS. - Opp.Party(s)

IN PERSON.

09 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	342 of 2023
Date of Institution	:	21.11.2023
Date of decision	:	09.05.2024

Dinesh Kumar S/O Prithvi Chand, resident of Village Ghel Kalan, Ambala City, Distt-Ambala (Haryana).

…. Complainant

                                                Versus

1. Madaan Electronics, 1365/463, B-7, Prem Nagar, Ambala City, Distt-Ambala (Through its Prop).
2. Advance Electronics LG Products Authorized Service Centre, 1083/84 Bangali Mohalla Old Aaloo Godaam Ambala Cantt- 133001 (Haryana) (Through its Service Manager).
3. Registered & Head Office LG Electronics India Pvt. Ltd, A-24/6 Mohan Cooperatives Industrial Estate, Mathura Road, New Delhi (Through its M.D)

.…. Opposite Parties

 Before:        Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:       Complainant in person.

                    OPs No.1 to 3 already ex parte.               

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them-

i) To replace the defective refrigerator or to refund the amount of Rs.34,500/- alongwith interest @18%from the date of purchase.

ii) To pay Rs.50,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.

iii) To pay Rs.5,000/- as litigation expenses.

                                                          OR

                            Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of this case are on 20-11-2022 the complainant has purchased a Refrigerator of LG Model No-FFLG GL-T302RSPX Serial No- 112NRCQ075867 HSN Cod 8418109 from the OP No.1, on making payment of Rs.34,500/-, vide Invoice No-PN4759-22-23 dated 20-11-2022. The said refrigerator was got financed from BAJAJ FINANCE LTD, vide Loan Customer ID No-56546410. The complainant had paid full amount with interest to BAJAJ FINANCE LTD. against which No Dues Certificate has also been obtained. Since the day of purchase of the said refrigerator, it has been creating troubles with the compressor Gas leakage, Door closing, Irritating Sound etc. and it stopped working.  The matter was reported to OPs No.1 and 2 to remove the defect in the said refrigerator and make it operational but to no avail. Details of the complaint are as under :-

(a) RNP230603025704 dt 03-06-2023 gas leakage

(b) RNP230605008144 dt 05-06-2023 gas leakage

(c) RNP230612069641 dt 12-06-2023 Door problem

(d) RNP230809036263 dt 09-08-2023 Huge sound

(e) RNP230816044710 dt 16-08-2023 Huge Sound

(f) VCP230816096306 Huge sound

(g) RNP230902002172 dt 03-09-2023 Huge Sound

(h) RNP2301030018787 dt 06-11-2023 Huge Sound

(i) RNP231106046695 dt 09-11-2023 Huge Sound

3.           The complainant went to office of the OP No.1 & 2 several times and requested to remove the defects or to replace the compressor of refrigerator in question, but OP No.1 started putting-off the complainant by one way or the other. Hence, the present complaint.
4.           Upon notice, none appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 16.01.2024.
5.           Complainant tendered his affidavit as Annexure C-A alongwith documents as Annexure C-1 to C-19 and closed the evidence of the complainant.
6.           We have heard the complainant and have also carefully gone through the case file.
7.           Complainant submitted that by neither repairing the defective refrigerator during warranty period nor replacing the same nor refunding the amount paid by the complainant, the OPs indulged into unfair trade practice and are also deficient in providing service.
8.           It is coming out from the record that the complainant purchased the refrigerator in question from the OPs vide tax invoice dated 20.11.2022, Annexure C-1 for an amount of Rs.34500/-. It is the definite case of the complainant that the refrigerator in question did not work properly within few months of its purchase, as a result of which, the OPs were requested several times to either rectify the defects in the refrigerator in question or to replace it or to refund the amount paid but to no avail. To substantiate his stand, the complainant has placed on record, emails and whatsapp messages, Annexure C-3 to C-18 having been exchanged between the parties, qua the defects in the refrigerator in question, yet there is nothing on record that the refrigerator in question was made operational or was replaced with a new one, as the defects arose within few months of its purchase. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they proceeded ex-parte vide order dated 16.01.2024. This act of the OPs draws an adverse inference against them. The non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. Thus, by neither repairing the defective refrigerator during warranty period nor refunding the amount paid by the complainant, the OPs indulged into unfair trade practice and are also deficient in providing service..  
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, jointly and severally, in the following manner:-

1. To replace the defective refrigerator in question with the new one of the same model, as purchased by the complainant. If they are not in position to replace the same, then refund the amount of Rs.34,500/-.
2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3,000/- as litigation expenses.            

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 09.05.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President