DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.257 of 16

                                         DATE OF INSTITUTION: - 15.12.2016

                                                   DATE OF ORDER: -27.03.2017

Mrs. Veena Saboo wife of Mahendra Kumar Saboo aged 64 years, C/o Sankat Mochan Hanuman Mandir, P.O. Behal, District Bhiwani.

           ……………Complainant.

VERSUS

1. M/s Deepak Electronics, Near Chaudhary Bansi Lal Ki Kothi, Hansi Road, Bhiwani, through its Proprietor.

2. Hitachi Home Life Solution India Ltd., Corporate Office Shop No. TF-301, 3^rd Floor, DMRC Building, New Ashok Nagar, Metro Station, New Delhi, through its authorized signatory.

………….. Opposite Party.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

                   Mrs. Sudesh, Member

                   Ms. Anamika Gupta, Member

Present:-  Complainant in person.

                 OPs exparte.

ORDER:-

Rajesh Jindal, President:

                Brief facts of the present complaint are that the complainant had purchased Model No. R-T350 END 1K/2013 Frost Free 318 Ltr. Double Door from OP no. 1.  It is alleged that she approved this model in ‘Grey’ colour as shown in Showroom but delivered the same in Black colour.  It is alleged that the label period on refrigerator mentioned 01.07.2012 to 31.12.2013 this clearly indicates that OP no. 1 has cheated in connivance with their principle OP no. 2 to supply an old model against the fresh model.  It is alleged that in November 2014, the refrigerator was not cooling and found motor was not working. Again in August 2015 the complaint of non cooling then after 1 month Ops sent the technician and it was made functional but still the cooling was not upto the mark.   It is alleged that then again and again fault in the refrigerator.  It is alleged that on 13.07.2016 Ops sent re-conditioned compressor but again it was found defective and not working.  Again on 20.07.2015 the compressor was replaced after that still it was not working and paid Rs. 3380/-  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for change the defective refrigerator alongwith compensation and litigation expenses. Hence this complaint.

2.                OPs have failed to come present.  Hence they were  proceeded against exparte vide orders dated 06.02.2017.

3.                In order to make out his case, the complainant has tendered into evidence documents Annexure C-1 to Annexure C-8.

4.                We have heard the complainant in person and perused the record carefully. 

5.                Complainant in person reiterated the contents of the complaint.  She submitted that the refrigerator in question was purchased by her from OP no. 1 vide bill dated 18.04.2014.  She submitted that the refrigerator of her choice was delivered to her on 22.04.2014 at her residence.  The label on the refrigerator mentioned the date as 01.07.2012 to 31.12.2013.  The Ops have cheated by the complainant by supplying the refrigerator of old model.  The refrigerator  is not giving proper cooling.  The complainant lodged the complaint regarding the defects in the refrigerator to the Ops.  The Ops replaced the fan of the refrigerator but still the refrigerator is not giving cooling up to mark.  At presently the refrigerator has stopped working.  The compressor of the refrigerator  was found not working.  Despite repeated requests, the Ops have failed to rectify the defects of the refrigerator.  She further submitted that the technician deputed by the Ops told that the condenser of the refrigerator is also chocked.  The Ops did not bother to appear and contest the claim of the complainant.  Considering the facts of the case, we partly allow the complaint of the complainant against the Ops.  The Ops are directed to replace the compressor and condenser of the refrigerator with new one and rectify the defects of the refrigerator and make it working properly.  The Ops are directed to comply with this order within 30 days from the date of passing of this order, otherwise the Ops shall be liable to pay Rs. 3,000/- as compensation to the complainant.  The complainant is directed to approach the Ops for the repair and replacement of parts of the refrigerator immediately.  Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 27.03.2017.                                              (Rajesh Jindal)

                                                                                    President,    

                                                                        District Consumer Disputes

                                                                        Redressal Forum, Bhiwani.

(Anamika Gupta)            (Sudesh) 

                        Member.                       Member