Delhi

North East

CC/6/2019

Mohd. Khurshid - Complainant(s)

Versus

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

03 Nov 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. 06/19

 

In the matter of:

	Mohd. Khurshid S/o Sh. Sheikh Mohammad R/o H. No. B 209, GDA EWS Flats, Indraprastha, B Block, TillaMaur, Distt. Ghaziabad, UP	Complainant
	Versus
1.                     2.	M/s Deepti Electronics Through its Proprietor Situated at Premises No. 143A, Dilshad Garden, Delhi-110095   Godrej Industries Ltd. Through its Regional Manager, Regional Office at :- Godrej Bhawan 2nd Floor, Sher Shah SuriMarg, Okhla, New Delhi-110020	Opposite Parties

 

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

14.01.19 09.08.23 03.11.23

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 is that the Complainant purchased refrigerator vide model no. RTEON290P34 from Opposite Party No.1 on 02.09.17 under financescheme arranged by Opposite Party No.1 for sum of Rs. 28,400/- with warranty of one year. The Opposite Party No.1 delivered the said product to Complainant and issued tax invoice/bill in the name of Complainant vide invoice no. 61 dated 02.09.17 for sum of Rs. 28,400/-. The Complainant stated that after one month of using the said refrigerator the product was not working properly as it was not cooling. Thereafter, Complainant approached Opposite Party No.1 and Opposite Party No.1 advised to call toll free no. of Opposite Party No.2. On 08.05.18 Complainant made complaint at toll free no. of Opposite Party No.2 vide complaint no. NZ0805412500 and after that one Vikas Malik visited  to Complainant and done some repairing work and assured Complainant that said product will work properly but the problem was not resolved. The Complainant again made complaint on 07.06.18 and on 05.07.18 to Opposite Party No.2 regarding the defect in product and one Deepak kumar visited Complainant and after inspection of said refrigerator he advised Complainant that said product cannot be repaired and asked Complainant to contact Opposite Party No.1 for replacing the said refrigerator. Thereafter, Complainant repeatedly visited Opposite Party No.1 and asked to replace the said defective refrigerator but Opposite Party No.1 did not pay any heed to the request of Complainant. The Complainant stated that he had also sent a legal notice dated 02.08.18 to Opposite Parties but Opposite Parties did not resolve the dispute. Hence, this shows deficiency in service on behalf of Opposite Parties. The Complainant has prayed for Rs. 78,400/- in total i.e. Rs. 28,400/- as refrigerator cost and Rs.50,000/- for mental harassment with interest @ 18 % p.a. w.e.f 02.09.17 till realization. 
2. None has appeared on behalf of Opposite Party No.1 to contest the case despite service of notice. Therefore, Opposite Party No.1 was proceeded against Ex-parte vide order dated 18.10.19.

Case of the Opposite Party No.2

3. The Opposite Party No.2 contested the case and filed written statement. It is stated that the Complainant purchased the refrigerator on 02.09.17. It is further submitted that Complainant made first complaint on 09.05.18 i.e. after eight months nine days from the date of purchase.
4. It is submitted that Complainant made only three complaints in respect of refrigerator. The first complaint was made on 09.05.18 vide the complaint no. 412500, and expert technician visited the house of Complainant and gasket was changed with new one on 02.06.18 with full satisfaction of Complainant. It is further submitted that refrigerator was working properly.
5. It is submitted that Complainant made second complaint on 14.06.18 in respect of gasket issue and expert technician visited the house of Complainant and issue of gasket was resolved same day i.e. 14.06.18 with full satisfaction of Complainant. It is further submitted that refrigerator was working properly. Last complaint was made on 05.07.18 and expert technician visited the house of Complainant and found the refrigerator was working properly. It is further submitted that low voltage was reported and Complainant was advised to use the stabilizer but he refused.
6. It is further submitted that whenever Complainant made a complaint, expert technician visited the house of Complainant and repaired the same with full satisfaction of Complainant, hence there is no deficiency in service on part of Opposite Party.

Rejoinder to the written statement of Opposite Party No.2

7. The Complainant filed rejoinder to the written statement of Opposite Party No.2 wherein the Complainant has denied the objection raised by the Opposite Party No.2 and has reiterated the assertion made in the complaint.

Evidence of the Complainant

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

Evidence of the Opposite Party No.2

9. In order to prove its case Opposite Party No.2 has filed affidavit of Sh. Manoj Sharma, Branch Commercial Manager of Opposite Party No.2, wherein the averments made in the written statement of Opposite Party No.2 have been supported.

Arguments and Conclusion

10. We have heard the Complainant and Ld. Counsel for Opposite Party No.2. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that the he has purchased refrigerator from Opposite Party No.1 manufactured by Opposite Party No.2 on 02.09.17 for a sum of Rs. 28,400/- with warranty of one year. On 08.05.18 Complainant made complaint with Opposite Party No.2 regarding malfunctioning of said refrigerator and representative of Opposite Party No.2 visited to the Complainant and repaired the refrigerator. The Complainant again made complaint on 07.06.18 and on 05.07.18 to Opposite Party No.2 regarding malfunctioning of the said refrigerator and representative of Opposite Party No.2 visited Complainant and after inspection of the said refrigerator Complainant advised that said product is beyond repair so he asked Opposite Party No.1 to replace the said refrigerator. Thereafter, Complainant repeatedly visited Opposite Party No.1 and 2 to replace the said defective refrigerator but Opposite Party failed to do the same. Hence, this shows deficiency in service on behalf of Opposite Parties.
11. The case of the Opposite Party No.2 is that it is admitted that Complainant purchase refrigerator on 02.09.17 and Complainant made first complaint regarding malfunctioning of the refrigerator on 09.05.18 i.e. after eight months nine days from the date of the purchase. It is further submitted by the Opposite Party No.2 that Complainant made only three complaints in respect of the refrigerator and on every occasion expert technician of the Opposite Party No.2 visited the house of the Complainant and rectify the defects of thesaid refrigerator with full satisfaction of the Complainant. Hence, there is no deficiency in service on behalf of Opposite Party.
12. It is clear from the above that first complaint made by Complainant regarding malfunctioning of refrigerator after more than eight months from the date of purchase. Hence there was no manufacturing defect in the said refrigerator. It is further admitted by the Complainant that as and when he made complaint with Opposite Party No.2 the representative of the Opposite Party No.2 visited him and repaired the said refrigerator. He did not lead any evidence regarding malfunctioning of refrigerator after the said repair by the representative of Opposite Party No.2 and also any evidence regarding representative of Opposite Party No.2 advised Complainant about product is beyond repair.It is the case of normal wear and tear of the functioning of the refrigerator.
13. We are of the considered opinion there is no deficiency in service on behalf of Opposite Party. Therefore, the complaint is dismissed.
14. Order announced on 03.11.23.

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

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President