Haryana

Sonipat

CC/300/2015

Avirai Chandna S/o Ram Lal - Complainant(s)

Versus

M/s DEE KAY Electronics - Opp.Party(s)

Hemant Sharma

15 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

Complaint No.300 of 2015

Instituted on: 21.08.2015                 

Date of order: 01.03.2016

 

Avirai Chandna alias Abhirai Chandna son of Ram Lal Chadna, r/o H.No.2630-31, HBC Sector 15, Sonepat.

 

…Complainant.           Versus

1.Dee Kay Electronics Geeta Bhawan Chowk, Sonepat through its Prop.

2.M/s Symphony Co. Ltd. Saumya Bakeri Circle, Navrangpura, Ahmedabad, Gujrat, 380014 through its Director.

                                      …Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh.Hemant Sharma, Adv. for complainant.

Sh.Dheeraj for respondent no.1.

Sh.Atul Katiyar Adv. for Respt. No.2.

 

Before-  Nagender Singh-President. 

          Prabha Wati-Member.

          D.V.Rathi-Member.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has purchased  one cooler make Symphony 70DLX from respondent no.1 vide bill no.12657 dated 7.5.2015 for Rs.12500/-.  The stand of the cooler was very week and it good damaged due to heavy weight of the cooler and tank of the cooler got damaged. The complainant made so many complaints to the respondent no.1 and he has approached the respondent no.2 on their toll free number, but of no use and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        The respondents no.1 and 2 appeared and they filed their  joint written statement submitting therein that they are ready to depute their service personnel to look into the matter and to repair the cooler to the utmost satisfaction of the complainant.

 

3.        We have heard the arguments advanced by both the parties and have perused the entire relevant documents available on the case file very carefully and minutely.

4.       Ld. Counsel for the complainant has submitted that the respondents no.1 and 2 have supplied the defective cooler to the complainant and that amounts to a grave deficiency in service on the part of the respondents.

         On the other hand, the respondents have submitted that they are respondents are ready to depute our service personnel to look into the matter and to repair the said air cooler to the utmost satisfaction of the complainant.

          In the present case, there is no dispute with regard to the fact that the complainant has purchased the cooler in question from the respondent no.1.   The complainant in para no.4 of the complaint has submitted that he approached the respondent no.2 on toll free number.  But neither the toll free number of the respondent no.2 nor the complaint number provided by the respondent no.2 is mentioned by the complainant. The complainant straightaway has issued legal notice to the respondents.  The complainant in para no.3 has alleged that due to poor quality of stand and heavy weight of the cooler, the tank of the cooler was got damaged. In our view, the ends of justice would be fully met if the directions are given to the respondent no.2 to replace the damaged tank of the cooler of the complainant.  Accordingly, we hereby direct the respondent no.2 to replace the damaged tank of the cooler of the complainant with new one. The complainant is also directed to return the damaged tank of the cooler to the respondent no.2.  The respondent no.2 is also directed to compensate the complainant to the tune of Rs.one thousand for rendering deficient services, harassment and under the head of litigation expenses. The respondent no.2 is also directed to make the compliance of this order within one month from the date of passing of this order, failing which, the law will take its own recourse.

          With these observations, findings and directions, the present complaint stands allowed.

Certified copy of this order be provided to

both the parties free of costs.

File be consigned to the record-room.

 

 

Prabha Wati Member    DV Rathi Member     Nagender Singh

DCDRF SNP             DCDRF SNP         President, DCDRF

                                               SNP.

ANNOUNCED 01.03.2016