DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.913 of 2017

                                               Date of institution:  30.10.2017                                             Date of decision   :  04.10.2018

Amita wife of Shri Paramjit Singh, resident of VPO Dadu Majra, Chandigarh.

…….Complainant

Versus

1.     Magra Enterprises, Authorised Dealer of Kelvinator Fridge, Ambala-Chandigarh Road, Opposite Surya Agency, Near Khadi Bhandar, Lalru Mandi, District SAS Nagar (Mohali), Punjab.

2.     Videocon Industries Ltd., (Corporate Office) at Fort House, 2^nd Floor, 221, Dr. DN Road, Fort, Mumbai 400001

                                                        ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person with Shri Paramjit Singh, Authorised representative.

                OPs ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant purchased new refrigerator vide bill No.969 dated 31.10.2016 by paying price of Rs.17,500/-.  This refrigerator was having warranty, but fault cropped up in the refrigerator because the water which is to be freezed, always used to remain loose and drain out of the refrigerator. This water used to spread on the floor of the premises. For removing that fault, complainant contacted OP No.1 for repair on 21.07.2017, 26.07.2017, 05.08.2017, 09.08.2017, 06.10.2017 and 26.10.2017 and thereafter on many occasions. Several times mechanics of the OPs even visited residence of complainant, but despite that fault has not been removed. Now mechanics of OPs have raised their hands by claiming that defect cannot be removed. So, prayer made for directing OPs to replace the refrigerator with new one or to refund the price of the refrigerator. Compensation for damages and harassment even sought.

2.             OPs are ex-parte in this case.  

3.             Representative of complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-4 and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments of complainant as well as her representative heard and records gone through.

5.             Perusal of invoice/bill Ex.C-1 shows that refrigerator in question was purchased by complainant from OP No.1 on 31.10.2016 by paying price of Rs.17,500/-. The refrigerator manufactured by OP No.2 and as such liability remains of OPs to remove the defect, more so when defect cropped up within one year after date of purchase, if the dates of  approach by complainant to OPs, referred above, taken into consideration. As the defect has not been removed despite visits by mechanics on different dates and as such certainly submission advanced by complainant has force that the refrigerator cannot be repaired. Specific fault in the refrigerator pointed out for claiming that the water does not freeze, but same stands drained out for being split on the floor. This is a major fault and as such keeping in view sufferings of complainant in mind and the fact that fault is not curable, it is fit and appropriate to direct the OPs to refund the price of Rs.17,500/- to complainant within specified period, but subject to the condition that complainant will return back the defective refrigerator to OP No.1 before receipt of amount. As refund of amount has been ordered and as such compensation for mental harassment and agony of reasonable amount should be allowed, more so when none has come on behalf of OPs to contest.

6.             As a sequel of above discussion, complaint allowed ex-parte in terms that OPs will refund the received amount of Rs.17,500/- (Rs. Seventeen Thousand Five Hundred only) to the complainant within 30 days from the date of receipt of copy of the order, but subject to the condition that the complainant will return back the defective refrigerator to OP No.1 before receipt of this amount. Compensation for mental agony and harassment of Rs.3,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against  OPs.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Liability of OPs held as joint and several. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

October 04, 2018.

                                                                (G.K. Dhir)

                                                                President

(Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member