Haryana

Yamunanagar

CC/203/2016

Harjeet Singh S/o Inder Singh - Complainant(s)

Versus

Malhotra's Geeta Electronics - Opp.Party(s)

Seema Sehgal

26 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                         Complaint No. 203 of 2016.

                                                                                         Date of institution: 17.06.2016.

                                                                                         Date of decision: 26.08.2016.

      Harjeet Singh aged about 59 years son of Sh. Inder Singh, resident of H. No. 544, Sec-15, HUDA, Jagadhri, Tehsil Jagadhri, District Yamuna       Nagar.                                                                                                                                        

                                                                                                                                                                   …Complainant.

                                                                Versus

 

1. Malhotra’s Geeta Electronics, 69, 76, Shivaji Market, Shivaji Chowk, Jagadhri Road, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar.
2. IFB Flat No. IND-5, Sector-1, East Kolkata Township Kolkata-700088 West Bengal (India), (Phone No. (33)-39849524, 39849574.                                                                                                                                 

                                                                                                                                                                  …Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG,  PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present:  Smt. Seema Sehgal, Advocate, counsel for complainant.    

               Respondents already ex-parte.  

             

ORDER

 

1.                     The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 praying therein that the respondents (hereinafter referred as OPs) be directed either to replace the AC in question with new one or to refund the cost of A.C alongwith interest and also to pay compensation as well as litigation expenses.  

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant had purchased A.C. make IFB bearing No. IFBACI 1.5 ton from OP No.1 vide bill No. 382 dated 21.06.2015 for an amount of Rs. 33,000/-. The A.C. in question is imported by the OP No.2 and Op No.1 is authorized dealer of OP No.2. At the time of selling the said A.C, the OP No.1 had given a warranty of one year in all respect and 4 years warranty of compressor including any imported defects. The complainant used the said A.C. in proper manner but the said A.C. was not cooling properly since the very beginning. In this respect complainant lodged a complaint No. 17943813 and ticket No. 17952053, complaint No. 17837218 and ticket No. 17903629 on different dates. The OPs sent some persons to remove the defect from the A.C. who made some repair but the defect could not be removed. Thereafter, the complainant has visited so many times to the OPs but all in vain, hence, there is a deficiency in service and unfair trade practice on the part of OPs and prayed for acceptance of complaint.

3.                     Upon notice, OP No.1 failed to appear despite service through process server and Op No.2 also failed to appear despite service through registered post vide bearing No. ARH 5872839 IN dated 22.06.2016. Hence, both the OPs were proceeded ex-parte vide order dated 29.07.2016.

4.                     To prove the case, complainant tendered into evidence his affidavit as Annexure RW/A and documents such as  photo copy of bill as Annexure C-1, copy of complaint made to OP on toll free number through SMS as Annexure C-2 and C-3 and closed his evidence.

5.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file very carefully and minutely.

6.                     From the perusal of copy of bill (Annexure C-1), it is duly evident that complainant had purchased one A.C. IFB 1.5 Ton vide bill No. 382 dated 21.06.2015 for amounting to Rs. 33000/- from Op No.1 authorized dealer of Op No.2. Although, the complainant has not filed any documentary evidence to prove that A.C. in question was having any manufacturing defect even then it is not disputed that A.C. in question is under currency of warranty and the complainant has lodged 2-3 complaints on toll free numbers which is duly evident from Annexure C-2 and C-3. However, as the OPs remained ex-parte and has not rebutted the documentary evidence and averments made by the complainant in his affidavit. Thus, the oral as well as documentary evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same and when his grievances was resolved by the OPs then he was forced to file the present complaint during the currency of warranty period as well as within a short span of one year.

7.                     In the circumstances noted above, we are of the considered view that there is a deficiency in service or unfair trade practice on the part of OPs and the complainant is entitled to get some relief.

8.                     Resultantly, we partly allow the ex-parte complaint of complainant and direct the Ops jointly and severally to put the A.C. in proper working order and in case it is not possible to do so then it be replaced with new one to the satisfaction of the complainant. Further, the OPs are also directed to pay Rs. 1500/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 26.08.2016.

(ASHOK KUMAR GARG)

 PRESIDENT

                                    (S.C.SHARMA )

                                     MEMBER.