Punjab

Sangrur

CC/340/2017

Rajat Garg - Complainant(s)

Versus

Mahabir Electronics - Opp.Party(s)

Sh.Amit Goyal

10 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  340

                                                Instituted on:    17.07.2017

                                                Decided on:       10.11.2017

 

 

Rajat Garg son of Pawan Kumar Garg, resident of # 411-C, Street No.3, Guru Nanak Colony, Sangrur.

                                                        …Complainant

                                Versus

1.             Mahabir Electronics, Head Office Nabha Gate, Sangrur through its Proprietor/Authorized signatory.

2.             M/s. K.K. Electro Appliances Pvt. Ltd. Khasra No.44/26, Badli Gaon, New Delhi.

                                                        …Opposite parties

 

For the complainant  :               Shri Amit Goyal, Adv.

For OP No.1             :               Shri Parmod Saxena, Adv.

For OP No.2             :               Exparte.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                       

 

 

Order by : Sukhpal Singh Gill, President.

 

1.               Shri Rajat Garg, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 28.5.2017, the complainant approached OP number 1 and purchased one cooler make Indo for Rs.6800/-and further paid an amount of Rs.50/- as carriage charges, but the Op number 1 did not issue any bill despite repeated demands. It is further averred that the Op number 1 gave a warranty/guarantee of the cooler and stated that the same will be replaced free of cost, if any defect arises therein.  The grievance of the complainant is that soon after the purchase of the said cooler, the complainant noticed that water spills out of the shutters of the cooler while flowing through the honey combs placed inside the shutters. Complainant immediately contacted OP number 1 about the problem, then the OP number 1 told that the mechanic would be sent to rectify the problem or it will be replaced with it a new one, but nothing was done. Thereafter the mechanic of the OP number 1 visited the house of the complainant and inspected the cooler and tried to adjust the length of pipes as well as the honey comb pads inside the shutter, but nothing was proper. The complainant again and again approached the OPs to replace the cooler with a new one or to refund its price, but nothing happened. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to replace the cooler in question with a new one of the same model or to refund the purchase price i.e. Rs.6800/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

2.               Record shows that the OP number 2 did not appear despite service, as such, it was proceeded exparte.

 

3.               In reply filed by OP number 1, it is stated that the OP number 1 issued the cooler in question to the complainant vide bill number 1210 dated 28.5.2017.  It is stated that there is no defect in the cooler nor the OP number 1 ever assured the complainant that he will replace the same with a new one.  It is stated that if there is any manufacturing defect in the cooler, then the OP number 2 is responsible for that.  The other allegations levelled in the complaint have been denied in toto.

 

4.               The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 opinion report, Ex.C-3 affidavit, Ex.C-4 and Ex.C-5 copy of warranty card and closed evidence. The learned counsel for OP number 1 has produced Ex.OP1/1 affidavit, Ex.OP1/2 copy of bill dated 28.5.2017 and closed evidence.

 

5.               We have carefully perused the complaint and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

6.               Ex.OP1/2 is the copy of the invoice dated 28.5.2017 showing the purchase of the cooler in question for Rs.6800/- as stated in the complaint.  Ex.C-4 is the copy of warranty card, which clearly shows that it has a comprehensive warranty of 12 months.  It is worth mentioning here that the complainant had purchased the cooler in question on 28.5.2017 and it developed defects within the warranty period of twelve months, but the OPs failed to set it right despite approaching the complainant again and again.  The complainant has also produced on record the opinion as well as the affidavit of one Surinder Singh Ex.C-2 and Ex.C-3  to support the contention of the complainant that the cooler is defective one. We may mention that the OP number 2 chose to remain exparte and did not appear before this Forum to rebut the contention of the complainant.  It is on the record that the cooler in question developed defects in the very short span of its purchase and even during the warranty period and the complainant even filed the complaint before this Forum during the warranty period.  In the circumstances, we find it to be a clear cut case of deficiency in service and of unfair trade practice by supplying the complainant a defective cooler.  As such, we are of the considered opinion that the complainant deserves the refund of the amount so spent by him on the purchase of the cooler in question.

 

7.               Accordingly, in view of our above discussion, we allow the complaint of the complainant and direct OPs to refund to the complainant the amount of Rs.6800/- being the cost of the cooler.  We further direct the complainant to return the cooler in question at the time of taking the refund of the amount.  The Ops are further directed to pay to the complainant an amount of Rs.5,000/- on account of compensation for mental tension, agony and harassment  as well as litigation expenses.

 

8.               This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                November 10, 2017.

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                       

                                                     (Sarita Garg)

                                                         Member