Haryana

Ambala

CC/269/2016

Bharat Singh Bajwal - Complainant(s)

Versus

Madaan Electronics - Opp.Party(s)

Jaswinder Singh

18 Jan 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  269 of 2016

                                                          Date of Institution         :  08.07.2016                                                                

                                                                Date of decision   :  18.01.2018

 

Bharat Singh Bajwal C/o Mandeep Kaur D/o Harnam Singh, Village Kalaheri, Ambala Cantt, District Ambala.

……. Complainant.

Vs.

 

1.       Madaan Electronics, Shop No.4 & 5, Jagadhari Road, Near Punjab Kesri, Ambala Cantt.

2.       LG Electronics India Pvt Ltd, A Wing, (3^rd floor), D-3, District Cener, Saket, New Delhi, Pin-110017

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Sh. Jaswinder Singh,counsel for the complainant.

                   Sh. Rajeev Sachdeva,  counsel for the OPs.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant purchased  a Refrigerator make LG Model DC LG GLB 201APZLAPZ, Vide Bill/cash Memo No.4329, dated 10.02.2016 from the OP No.1. On dated  25.02.2016 the abovesaid Refrigerator had gifted to his nice namely Mandeep Kaur at the time of marriage ceremony. After the marriage as and when the abovesaid  refrigerator  was open from his cover some part of the refrigerator was already  broken/damaged, then the complainant  was informed by Mandeep Kaur that that the fridge was damaged and not in good condition. On dated 06.03.2016 the complainant called to OP No.1 and told the condition of the refrigerator, after then on  09.03.2016 the OP No.1 send an engineer after the three days to solve the problem but when engineer  saw the condition of the refrigerator he advised to the complainant  please call on the consumer case no-09050163999 Mr. Sahil Chaudhary at Karnal Manager of Customer Care, then the complainant called the abovementioned number he totally refused the genuine request of the complainant. The complainant again and again approached the OPs for replace or refund the price of Rs. 13400/-of refrigerator alongwith  interest as there is manufacturing defect in it. But the OP No.1 refused to replace or refund the price of the refrigerator. Due to the above deficiencies services rendered by the OPs the complainant has suffered harassment and mental agony. Hence, the present complaint.

2.                Upon notice, OPs No.1 and 2 appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable, no locus standi, cause of action  and the complainant had not come before the Court with clean hands. On merits, OPs No.1 and 2 stated that the damage in the refrigerator of  the complainant has occurred due to mishandling while transportation in carrying the same from one place to another place and the same does not fall under warranty. So, there is no deficiency in service on the part of OPs No.1 & 2 and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 and close his evidence. On the other hand, Counsel for the OPs No.1 & 2 tendered affidavit as Annexure R/A and close their evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. It is admitted fact that the complainant had purchased a Refrigerator vide bill dated 10.02.2016 as Annexure C-1 amounting Rs. 13,400/-As per version of the complainant when the refrigerator  was delivered to his niece then some parts thereof were found in broken condition whereas the OP has come with the plea that the parts as alleged by the complainant as damaged were due to transporting/carrying the product from one place to another place and it cannot be attributed to it. Perusal of the case file reveals that there is nothing on the case file to show that which parts of the refrigerator were got broken. Though in order to prove his case the complainant has furnished his duly sworn affidavit Annexure C-X but except this affidavit he has neither produced the product in question before this Forum at the time of filing of this complaint nor has he moved any application for inspecting the same through expert. It is well settled law that the complainant has to prove his case on his own legs without taking the benefit of the weakness of the OP. The complainant has failed to prove his case without leading any  cogent evidence. Hence, this Forum has no option to dismiss the present complaint. Same is hereby dismissed with not order to cost. Copy of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

Announced on :18.01.2018                                                                                                                                                          

   

(PUSHPENDER KUMAR)    (ANAMIKA  GUPTA)                   (D.N. ARORA)

   Member                                          Member                                    President