DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.990 of 2017

                                                Date of institution:  13.11.2017                                             Date of decision   :  13.02.2019

Mandeep Singh son of Shri H.S. Kang, resident of # 1612, Sector 69, Mohali.

…….Complainant

Versus

M/s. Prem Palace, SCF No.28, Phase-2, Mohali through its Proprietor/Authorised Signatory.

                                                            ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri H.S. Kang, counsel for complainant.

                Shri Ankit Parti, counsel for OP.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant purchased washing machine of LG make from OP on 07.08.2017 by paying Rs.14,500/-. At the time of purchase of machine, OP promised to provide warranty card, pipes and even to render services of demonstration and installation of the machine. Despite numerous requests, warranty card and pipes have not been provided and nor services of demonstration and installation provided. Legal notice sent through counsel on 26.09.2017 entailed no consequence and as such by claiming that OP rendered deficient services, this complaint filed for seeking direction to OP to supply warranty card, pipes and required services of demonstration and installation    of machine. Compensation for mental tension and harassment of Rs.20,000/- and litigation expenses of Rs.11,000/- more claimed.

2.             In reply filed by OP, it is claimed that complainant has suppressed material facts and complaint not maintainable in view of non impleadment of manufacturer as a party. Admittedly machine in question was purchased by complainant from OP. However, no promise was made as alleged in the complaint. Warranty card and other accessories were already in the packed machine delivered at the house of complainant. However, if any pipe is missing, then OP is ready to provide the same. Complainant has not paid the fare of amount of Rs.100/- to the rehriwala who took the machine to the house of complainant. At the time of purchase, complainant disclosed as if he is already having machine of same model, due to which demonstration is not required. Even such demonstration not required in the case of semi automatic washing machine. Warranty starts from the date of bill. No notice was ever received by OP. There is no deficiency in service on part of OP and as such by denying each and every other averment of the complaint, prayer made for dismissal of the complaint.

3.             Complainant to prove his case tendered in evidence his affidavit twice as Ex.CW-1/1 and the other as Ex.CW-1/2 alongwith documents Ex.C-1 to Ex.C-3 and then closed evidence.  On the other hand counsel for OP tendered in evidence affidavit Ex.OP-1/1 of Shri Prem Pal Arora and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Purchase of LG washing machine in question by complainant from OP through invoice Ex.C-1 dated 07.08.2017 is an admitted fact. Grievance of complainant is that pipe and warranty card was not provided. Counsel for OP vehemently contended that warranty card always contained in the packed washing machine. That submission of counsel for OP has force because as and when one has to purchase a branded machine, then the same is sent by the dealer in packed condition. Warranty card alongwith other accessories are contained usually in the said package. Purchase of washing machine took place on 07.08.2017 and warranty is provided for one year, so there is no need to issue direction to OP to supply warranty card.

6.             OP in reply has claimed that if the disputed pipe is missing, then it is ready to supply the same. So this in a way shows some admission on part of OP. As the machine at this time has been got installed by complainant and as such there is no need to issue direction to OP to render services of demonstration and of installation of washing machine. As usually the services of installation and demonstration are provided even in respect of purchase of semi automatic washing machine, but those have not been rendered and as such certainly complainant suffered mental harassment and agony for these deficient services. Despite service of legal notice Ex.C-2 through receipt Ex.C-3, pipe has not been supplied and nor services of demonstration and installation provided, and as such certainly complainant stood dragged in this litigation due to fault of OP.

7.             Counsel for OP contends that no delivery report submitted by complainant and no notice ever delivered to OP and as such complainant concealed material facts. On delivery of purchased washing machine, acknowledgment is to be got by OP from complainant of such delivery and record in that respect bound to be with OP and not with the complainant. So virtually contention of non production of delivery report raised for concealing the factum of rendered deficient services. If invoice itself is warranty, as contended by counsel for OP, then certainly in view of endorsement on invoice Ex.C-1 that for complaints call service centre should be contacted, it has to be held that services to be availed from the service centre or by contacting manufacturer. Neither the service centre and nor manufacturer is impleaded as party in this case despite the fact that job sheet Ex.R-1 dated 03.09.2017 is produced to show that services availed by complainant regarding problem of non draining of water, on payment of Rs.205/-. In view of this job sheet Ex.R-1, it is obvious that installation of washing machine has been got done by complainant and that is why services from service centre availed by complainant on 03.09.2017. So there is some exaggeration of facts and as such reasonable amount of compensation for mental agony and harassment and litigation expenses alone should be granted. However, to ensure that payment of same shall be made within specific period, certain checks and balances should be put on OP.

8.             As a sequel of above discussion, complaint allowed in terms that OP directed to pay Rs.3,000/- (Rs. Three Thousand only) as compensation for mental agony and harassment for the deficient services and even pay Rs.3,000/- (Rs. Three Thousand only) more as litigation expenses.  Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order, failing which complainant will be entitled to interest @ 7% per annum on these amounts from today onwards till payment. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

February 13, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member