DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Complaint No. CC/14/334 of 08.12.2014.
Decided on: 20.02.2015.
Satish Kumar, of Booth No.59, Opposite PUDA Office, Urban Estate Phase-II, Patiala.
….….Complainant.
Versus
- Mahavir Electronics, Near Big Bazar, Sirhind Road, Patiala, through its Proprietor Vikas Gupta.
- Vikas Gupta Proprietor of Mahavir Electronics, Near Big Bazar, Sirhind Road, Patiala.
- The Managing Director of Blue D Freezer, Block 2-A, DLF Corporation Park, DLF Qutab Enclave, Phase-III, Gurgaon-122002 (Haryana)
….…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act.
QUORUM
Sh. D.R. Arora, President.
Smt. Neelam Gutpa, Member.
Smt. Sonia Bansal, Member.
Present: Sh. Paramvir Singh counsel for complainant.
Opposite party No.3 ex-parte.
ORDER
D.R. ARORA:
1. It is the case of the complainant that he had purchased a Blue Star D-freezer from O.Ps no.1 and 2 vide invoice no.1106 on 27.01.2014 for a sum of Rs.27,500/-, to earn his livelihood, he being a small shopkeeper. One year warranty was provided by the seller of the product on all parts on behalf of O.P no.3, the manufacturer of the same.
2. The complainant used the D-freezer as per the instructions of the company but after a gap of some months, the D-freezer started giving the problem like less cooling, non-freezing and the lid of the freezer not being closed properly. The complainant lodged the complaint vide No.B-1408290360 on 29.08.2014 with customer care centre of O.P no.3 on contact no.18002091177 but the employee of the customer care did not remove the defect in the D-freezer. The complainant had again called the customer care on 11.09.2014 vide complaint No.B-140.9110221. Again the employee had visited the complainant and who had checked the D-freezer qua the problem but the manufacturing defect in the D-freezer could not be removed. The mechanic assured to replace the D-freezer.
3. Thereafter, the complainant approached O.Ps no.1 and 2 and requested for the replacement of the D-freezer with new one but they refused to attend the complainant. The complainant also visited O.Ps no.1 and 2 for the removal of the defect in the D-freezer but they misbehaved with the complainant.
4. It is alleged that the O.Ps have supplied the defective D-freezer to the complainant, which resulted into the harassment and mental agony experienced by the complainant. The complainant got the O.Ps served with a legal notice, sent through registered post on 07.10.2014 but the O.Ps failed to replace the same. Even thereafter the complainant requested O.Ps no.1 and 2 to remove the defect in the D-freezer but the employees of the said O.Ps disclosed that the same could not be removed, the same being manufacturing defect. Accordingly, the complainant brought this complaint against the O.Ps under Section 12 of the Consumer Protection Act, 1986 (for short the Act) for a direction to the O.Ps to refund the price of the D-freezer with interest or to replace the D-freezer with new one and further to award him Rs.50,000/- by way of compensation on account of the harassment and mental agony experienced by him.
5. Here it may be noted that cognizance of the complaint was taken against O.P no.3 only, who failed to appear despite service and was thus proceeded against ex-parte.
4. In support of his claim, the complainant produced in evidence Ex. CA, his sworn affidavit along with documents Ex. C1 to Ex. C6 and closed his evidence.
5. The complainant failed to file written arguments. We have heard the learned counsel for the complainant and gone through the evidence on record.
6. Ex. C1 is the copy of the retail invoice dated 27.01.2014 vide which the complainant had purchased Blue Star D-freezer for Rs.27,500/- from O.P no.1. Ex. C2 is the copy of the legal notice got sent by the complainant through his counsel Sh. Yuvraj Singh, Advocate against the O.Ps on 07.10.2014 through registered post, the postal receipts in this regard being Ex. C3 to Ex. C5, having disclosed about the problem in the D-freezer as also with regard to the complaints no.B-1408290360 and B-140.9110221, to have been made by him with customer care on 29.08.2014 and 11.09.2014 through contact no.18002091177 but no reply thereto was received by the complainant.
7. It is also the case of the complainant that although the mechanics deputed by the O.P had come and checked the D-freezer but they failed to rectify the defect, which is said to be manufacturing one.
8. The complainant has not placed on file any job sheet, which might have been prepared by the mechanics of O.P no.3, when they had come to check the D-freezer. However, it was stated by the learned counsel for the complainant at bar that there is a defect in the lid of the D-freezer, which does not close properly and therefore, there is problem of the cooling in the D-freezer. The said defect cannot be said to be a manufacturing defect. In any case, we find that there was a deficiency of service on the part of O.P no.3 in not having rectified the defect to the satisfaction of the complainant. The mechanics of O.P. no.3 were supposed to obtain the satisfaction notes from the complainant after the defects were rectified. The O.Ps failed to reply the legal notice Ex. C2 and they further chose not to contest the complaint and the said conduct of the O.P would go to show that the defect in the De-freezer has not been rectified otherwise the complainant would not have approached the Forum through the present complaint. We, therefore, accept the complaint exparte and direct O.P no.3 to rectify the defect in the D-freezer within 15 days on receipt of the certified copy of the order to the satisfaction of the complainant by preparing a job sheet and obtaining satisfaction note thereon from the complainant about the performance of the D-freezer after the rectification of the defect. In view of the facts and circumstances of the case, the complaint is accepted with costs assessed at Rs.3,000/- which is also inclusive of the amount of compensation on account of harassment and mental agony experienced by the complainant on account of deficiency in service on the part of the O.P.
Pronounced.
Dated: 20.02.2015.
Sonia Bansal Neelam Gupta D.R. Arora
Member Member President
