Haryana

Yamunanagar

CC/86/2011

Darshan Kumar - Complainant(s)

Versus

M/s Celsius Refrigeration Pvt.Ltd. - Opp.Party(s)

Gurvinder Singh

11 Apr 2016

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                    Complaint No. 86 of 2011.

                                                                                    Date of institution: 02.02.2011

                                                                                    Date of decision: 11.04.2016.

Darshan Kumar aged about 40 years resident of Buria Gate, Near Hanuman Mandir, Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.     

                                                                                                                           …Complainant.

                                    Versus

1. M/s Celsius Refrigeration Pvt. Ltd. 7^th Floor Udyog Minar, Udyog Vihar-V, Off. NHB Gurgaon-1220016 through its M.D./Chair person/Authorized Signatory.
2. M/s Jagjeet Cooling Industries, Tejli Stadium Road, Yamuna Nagar through its Proprietor./Partner/ Authorized Signatory. 

  

                                                                                                              …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

Present: None for complainant.  

              OP No. 1 ex-parte vide order dated 01.04.2011.

              Sh. Harvinder Aneja, Advocate, counsel for Op No.2.  

 

ORDER

 

1.                     The present complaint has been filed by Darshan Kumar under section 12 of the Consumer Protection 1986. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant had purchased one chest freezer male celfrost CF 500 2 D, bearing serial No. 090124836 vide invoice No. 1312 dated 29.06.2009 for Rs. 28100/- from the respondent No.2 (herein after referred as OP No.2) which was carrying warranty of one year. From the very beginning, the said fridge was not cooling properly and matter was reported to the OPs but the OP No.2 stated that it is due to power problem and has not given any satisfactory answer. Thereafter, the fridge in question become defective in the month of October, 2009 and after that in the month of February, 2010 but no one came to remove the defect and in the meantime the body of the said freezer caught junk and paint over the bond damaged of  its own. The complainant made a number of complaints to the Ops who with malafide intention in his mind, continued to prolong the matter till the guarantee period is not expired. It has been further stated that complainant had purchased the chest freeze for his shop by spending a huge amount but due to sale of defective chest freeze by the OPs, the complainant could not use the same. Hence, has suffered mental agony, harassment and financial loss. A legal notice was also served but all in vain. Lastly, prayed for OPs be directed either to remove the defect of the chest freeze or to replace the defective chest freezer with new one or to refund the cost of Rs. 28100/- alongwith interest and compensation as well as litigation expenses. Hence this complaint. 

3.                     Upon notice, OPs No.1 failed to appear despite service, hence, he was proceeded ex-parte vide order dated 01.04.2011. OP No.2 appeared and filed its written statement by taking some preliminary objections such as complainant has no locus standi to file the present complaint, complaint is barred and not maintainable, complainant has concealed the true and material facts, estopped by his own act and conduct, no cause of action and the complainant has purchased chest freezer for his commercial purpose, so does not fall under the definition of Consumer and on merit it has been admitted that complainant purchased the said freezer on 29.06.2009 with the warranty not guarantee of one year as per the direction of manufacturer i.e. OP No.1. Rest contents of the allegations has been specifically denied. The refrigerator in question was good one and gave good performance from the very beginning. The complainant approached the OP No.2 for paint and junk problem after a gap of 4 years which was totally due to negligence of the complainant himself because if the freezer installed in wet area and always dip in water then this problem will came regarding junk and paint, it is not a manufacturing defect, it is the duty of the complainant to look after such type of appliances. Lastly prayed that the present complaint has been filed just for getting false compensation on the false ground and the same is liable to be dismissed.

4.                     Both the parties remained failed to adduce any evidence despite so many  last opportunities since the filing of the complaint i.e. 02.02.2011. Hence, the evidence of both the parties were closed by court order on dated 4.1.2016.

5.                     We have heard the learned counsel for OP No. 2 and have gone through the pleadings of both the parties very carefully and minutely.

6.                     It is not disputed that complainant Darshan Kumar had purchased one Chest Male Celfrost CF 500 2D freezer vide invoice No. 1312 dated 29.6.2009 for a sum of Rs. 28100/- from Op No.2 with the warranty of one year. The only version of the complainant is that from the very beginning, the said freezer was not giving proper cooling and matter was reported to the OPs but the OP No.2 stated that it was due to power problem. The said freezer became defective in the month of October, 2009 and again in the month of February, 2010 whereas on the other hand, the plea of the OP No.2 is that the freezer in question was of good quality and was giving good performance and after 4 years, complainant approached for paint and junk which is totally due to negligence of the complainant because if the freezer is installed in the wet area and always dip in water then this problem regarding junk and paint will come and referred the terms and conditions of the warranty filed at the time of filing of written statement.

7.                    After going through the pleadings of both the parties, we are of the considered view that no documentary evidence has been filed by the complainant to prove that the fridge in question was having any manufacturing defect. Even, the complainant did not bother to file copy of bill/invoice bearing No. 1312 dated 29.6.2009 or any guarantee/ warranty given by the OPs. Furthermore, the complainant has himself admitted that the freezer in question was carrying only one year guarantee/ warranty whereas the present complaint has been filed after a near about 1 year and 8 months. No expert/mechanic report has been filed in support of his version by the complainant and in the absence of any cogent evidence we are unable to held that the freezer in question was having any manufacturing defect. The complainant has himself admitted in para No.6 of his complaint that he had purchased the chest freeze in question for his shop by spending a huge amount but due to sale of defective chest freezer, he could not use the same for the purpose for which it was purchased. Meaning thereby that the complainant was using the freezer in question for commercial purpose. Hence, the complainant does not fall under the definition of consumer also.    

8.                     In the circumstances noted above, we are of the considered view that there is no deficiency in service on the part of OPs as the complainant has failed to prove that the fridge in question was having any manufacturing defect and in the absence of any cogent evidence we are unable to held that the freezer in question was having any manufacturing defect. Hence, we have no option except to dismiss the complaint.    

9.                     Resultantly we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. A copy 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 :11.04.2016.

                                                                        (ASHOK KUMAR GARG)

                                                                        PRESIDENT

 

            (S.C.SHARMA )  

            MEMBER