BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI
Complaint Case No. 231 of 2016
Date of Institution: 25.10.2016
Date of Decision: 28.06.2022
Raj Kumar son of Shri Rattan Singh, resident of House No.1/440 Revenue Colony, Bhiwani.
….Complainant.
Versus
- M/s Bhagwati Computers Radhika Complex, Basement Opp. K.M. School, Hansi Road, Bhiwani through its Proprietor/Partner.
- Godrej & Boyee Manufacturing Co. Ltd. Firojshanagar, Vikhrool Mumbai through its Manager/Authorized Signatory.
…....Respondents.
COMPLAINT UNDER SECTION 12 & 13 OF
THE CONSUMER PROTECTION ACT, 1986
Before: - Sh. Vijay Singh, President.
Mrs. Saroj Bala Bohra, Member.
Present: Complainant in person.
Defence of OP no. 1 struck off.
OP no. 2 already exparte.
ORDER:
Raj Kumar (hereinafter referred to as “The complainant”) has filed the present complaint under Section 12 & 13 of Consumer Protection Act, 1986 against the Opposite parties (hereinafter referred to as OPs) stating that on 23.4.2016 the complainant purchased goodrej AC 1.5 tone amounting to Rs.22,000/- vide bill no. 512 from OP no. 1. It is submitted that on 20.5.2016 the AC got fired and due to this fire there was a blast and some cracks in the walls of the house of the complainant developed and some electrical equipments i.e. LED TV, Computer, Tubelights etc. were burnt. It is further submitted that the complainant immediately reported the matter to OP no. 1 and his complaint was registered vide number F-2105986130. The surveyor of the company inspected the house of the complainant on 24.5.2016 and assured to the complainant that the company will compensate the complainant alongwith all losses. It is further submitted that some representative of the OPs visited the house of the complainant on 27.5.2016 also but thereafter OPs did not compensate the complainant despite repeated visit to the office of OPs by the complainant. The complainant had served a registered legal notice dated 14.7.2016 but to no avail, hence this complaint.
2. It is prayed that the complaint of the complainant may kindly be accepted for refunding cost of Rs.22,000/- of AC and further directed to pay Rs.1,50,000/- for damages and Rs. 50,000/- for mental agony and physical harassment and Rs.11,000/- for litigation charges.
3. Notice of the complaint was served upon OPs. OP no. 1 did not file written statement despite availing number of opportunities and ultimately his defence was struck off, whereas OP no. 2 served through AD but failed to turn up hence proceeded against exparte vide order dated 3.4.2017.
4. To prove its case, Counsel for complainant has tendered into evidence affidavit of complainant as Exhibit C1/A and documents i.e. bill no. 512 dated 23.4.2016Annexure C-1, Legal notice Annexure C-2, postal receipts as Annexure C-3 and photographs as Annexure C-4 to Annexure C-7 and closed the evidence of complainant.
5. We have gone through the case file minutely and carefully and it is observed that on 23.4.2016, the complainant purchased goodrej AC 1.5 tone vide Annexure C-1 from OP no. 1 for a sum of Rs.22,000/- and when the AC was in working condition on 20.5.2016 it suddenly got fired and due to this fire there was a blast and some cracks in the walls of the house of the complainant developed and some electrical equipments i.e. LED TV, Computer, Tubelights etc. stated to have been burnt. The complainant immediately reported the matter to OP no. 1 and his complaint was registered vide number F-2105986130. Upon which, surveyor of the company inspected the house of the complainant on 24.5.2016 and assured to the complainant that the company will compensate the complainant alongwith all losses. Even some representative of the OPs visited the house of the complainant on 27.5.2016 also but thereafter OPs did not compensate the complainant despite repeated visit to the office of OPs by the complainant and ultimately the complainant had served a registered legal notice dated 14.7.2016 which is Annexure C-2 on file stating that if OPs failed to compensate the complainant then he would be bound to file complaint in a competent court of law and in that eventuality the OPs will be liable for all the consequences, but despite that OPs did not pay any heed to the complainant.
6. In order to prove its case, the complainant has filed affidavit Exhibit C1/A which is almost a repetition of the averments of the complaint and also placed on record bill Annexure C-1 dated 23.4.2016 which shows that 1.5 tone Goorej AC has been purchased by complainant from OP no. 1 amounting to Rs.22,000/-. On this bill, it is clearly mentioned that for the purpose of warranty customer is required to contact at no. 18002095511 of the service centre. Besides this, complaint of the complainant has also placed on record photographs of the burnt AC as well as other articles including furniture, almirah and also filed photographs of the damaged articles which are Annexure C-4 to Annexure C-7. Though the complainant has claimed that in this incident his electrical equipments i.e. LED, TV, Computer, Tubelight got burnt but photographs were totally silent about the damage of such articles. Though sofa set found badly damaged.
7. From the aforesaid documents, it is clear that on 23.4.2016 the complainant had purchased the aforesaid AC from OP no. 1 and within one month the said AC got burnt due to some defect. Besides this as per the complainant, he visited several times to OPs to compensate him and also got registered a complaint before the OPs and the OPs got inspected the site of the complainant from his technical staff but except giving blank assurance to complainant no effective steps were taken by the OPs to compensate the complainant and ultimately he had issued a legal notice Annexure C-2 on 14.7.2016, despite that OPs did not pay any heed to the complaint of the complainant.
8. So from the abovesaid discussion, it is clear that the complainant had taken all the steps on time about reporting the said incident to OPs but OPs did not bother to satisfy the said complaint of the complainant. AC photographs Annexure C-4 to Annexure C-7 fully support the case of the complainant.
9. From the affidavit as well as complaint, it is clear that the complainant has been visiting the office of the OPs repeatedly but despite assurance nothing was done by the OPs. Damage to the AC and other articles caused due to the fault in AC. OPs arbitrary & illegally denying to pay the genuine claim of the complainant. The complainant has suffered mental agony, harassment for the last 4 years due to the unwarranted act of OPs.
10. From the abovesaid discussion, we are of the considered opinion that there is a merit in the complaint as there is nothing on file to disbelieve the version of complainant.
11. Thus, as a sequel to our above discussion, we are of the considered opinion that the deficiency in service on the part of OPs is established on record and it is also proved that the OPs are also involved in unfair trade practices, hence we allow the present complaint against OPs with a direction as follows:-
(i) To pay an amount of Rs.22,000/- (Rs. Twenty Thousand only) of the AC to the complainant for the damage of the product (AC) purchased by him vide aforesaid bill from OP no. 1.
(ii) To pay lump sum amount of Rs.50,000/- (Rs. Fifty Thousand only) as compensation for damages of Furniture, cracks in walls etc. suffered by complainant and to pay Rs.25,000/- (Rs. Twenty Five Thousand only) for mental agony and harassment and litigation expenses jointly and severally with interest at the rate of 7% per annum from the date of filing of the complaint till realization. This order be complied within a period of 30 days from today failing which entire amount would carry simple interest at the rate of 9% per annum instead of 7% per annum. A copy of this order be supplied to both the parties free of costs. File be consigned to record room after due compliance.
Announced in open Commission.
Dated: - 28.06.2022
(Saroj Bala Bohra) (Sh. Vijay Singh)
Member. President,
District Consumer Disputes
Redressal Commission, Bhiwani.
