Delhi

North East

CC/73/2022

Sh. Satish Kumar - Complainant(s)

Versus

M/s Arora Electronics - Opp.Party(s)

25 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.73/22

 

In the matter of:

 

	Satish Kumar S/o Sh. Satyavir Singh R/o H.No. A-2/29, Bhajanpura Delhi-110053		Complainant
	Versus
1.                     2.	The Director M/s Arora Electronic At- B 71, Main Market, Bhajanpura Delhi-110053 Sansad Marg, New Delhi 110001 Also At : 20th to 24th Floor, Two Horizon Center, Golfcourse Road, DLF, Phase 5 Sector 43 Gurugram Haryana 122202   The Manager Midea India Pvt. Ltd., 1st Floor, Pearl Tower, Plot No. 51, Institutional Area, Sector 32 Gurugram, Haryana 122001	Opposite Party No. 1           Opposite Party No. 2

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

24.03.2022 01.03.2023 25.04.2023

 

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 15.07.2021, the Complainant had purchased one fridge of 272 litre bearing product invoice no. 292 of sum of Rs. 24,500/-. The Opposite Party had assured that the product is of superior quality and had also given one year guarantee of the said product. Within three months of the purchase, fridge stopped working properly. Thereafter, the Complainant had lodged the complaint with customer care executive. Thereafter, the company person visited the house of the Complainant and conducted the service of the said product. Even after conducting the service of the said product the product was not working properly, then the Complainant again registered the complaint then the representative of the company visited and conducted the service again of the said product on 10.12.2021 and even after that the fridge was not working properly. Thereafter, Complainant again made a complaint to the company, thereafter, the person of the company visited the house of the Complainant and conducted service again of the above the said product. But even then the fault of the said product did not rectify/removed by the company as well as Opposite Parties. Thereafter, the Complainant continually made the calls to the Opposite Parties but they avoided the same. At the time of selling the said product the Opposite Party assured to the Complainant that if any fault would come then they will change the said product. The Complainant had suffered huge mental pain and agony on account of faulty product. The Complainant sent a legal notice through his counsel but they did not given any reply till date. Opposite Parties are liable to attend the complaint of Complainant as the said product is not functioning at all and same is under warranty period and despite having their legal duties, Opposite Party failed to discharge the same and utterly failed to satisfy their customer. The Complainant has prayed to direct the Opposite Parties to refund the cost of fridge of Rs. 24,500/-, Rs. 50,000/- on account of mental harassment and Rs. 11,000/- on account of litigation expenses.  
2. None has appeared on behalf of Opposite Party No. 1 and Opposite Party No. 2 to contest the case. Therefore, Opposite Party No. 1 and Opposite Party No. 2 were proceeded against Ex-parte vide order dated 27.07.2022.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainants in the complaint are supported by their affidavit and documents filed by them. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Parties are directed to pay an amount of Rs. 25,400/- jointly or severally to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Parties are also directed to pay Rs. 10,000/- jointly or severally to the Complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 25.04.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)