Haryana

Ambala

CC/94/2016

Bakshish Kaur - Complainant(s)

Versus

M/s Rattan Singh Bhatia & Sons - Opp.Party(s)

Gaourav Rajpoot

05 Mar 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  94 of 2016

                                                          Date of Institution         :  15.02.2016                                                       

                                                                   Date of decision   :  05.03.2018

 

 

Bakshish Kaur daughter of Shri Jagdish Singh now wife of Shri Ravinder Singh Resident of Village Adhomajra, District Ambala.

……. Complainant.

Vs.

 

1.       M/s Rattan Singh Bhatia & Sons (RS BS), The Electronics Store, Bazar Tandooran, Ambala City, through its authorized signatory.

2.       L.G.Electronis, Service Center, Aalu Godom, Near Dharamshala, Bengali Mohalla, Ambala Cantt through authorized signatory.

3.       LG Electronics India Pvt. Ltd., A Wing(3^rd floor), D-3, District Center Saket, New Delhi-110017, through authorized signatory.

 

  ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Sh.Gaurav Rajput, counsel for the complainant.

                   Sh. Rajeev Sachdeva, counsel for the OPs No. 2 & 3.

                   Op No.1  given up v.o.d. 15.07.2016.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased  one refrigerator vide Description of goods  LF DC refrigerator Model GC195RLGE4 SNO 407NRJT050140 from the  OP No.1 on dated 18.02.2015 amounting to Rs. 11,900/- with one year warranty.  The said fridge was purchased from the OP No.1 at for giving in marriage of the complainant. The abovesaid fridge from the very beginning started creating trouble for the complainant and its suffered  from its cooling and freezing etc and also started giving shock of electricity  in  the said refrigerator soon after the passing 1 month the freezing system of the abovesaid refrigerator had very bed and the packets of milk, Ghees, Cheese etc started giving babuls and started giving bed smell from the abovesaid item. And the above said Refrigerator started noise in the said refrigerator whenever any persons open the door of the above said fridge. The complainant many time reached to the OP No.1 and told regarding the problem which is create in the said fridge  but the authorized signature never gave satisfactory reply to the complainant and contacted to OP No.3 & customer care many times but they never redressed  grievance of the complainant  even after  registration of complaint  dated 24.01.2016 vide complaint No.RNA160124096027. She further stated that the OPs never changed the said refrigerator with new and flatly refused to change the same. The representative of the OPs also charged money from her for reaching spot for solving the problem of the above said refrigerator but they never solved the problem. Since, then the complainant is rounding before the OPs No. 1 & 2 for exchanging the said Refrigerator but nothing is happening. In this way, the complainant has suffered a financial loss and mental harassment. Hence, the present complaint.

2.                Upon notice, OPs No. 2 and 3 appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable, no locus standi, cause of action and the complainant had not come before the Court with clean hands. On merits, OPs No.2 and 3 stated that the refrigerator purchased by the complainant was a brand new effect fee refrigerator and the complainant had been using the same as per requirement and wishes. They also stated that the complainant had been using the same as her requirements and wishes and the refrigerator started creating trouble from the beginning. Rather, the complainant lodged a complaint regarding a problem in the said refrigerator on 24.01.2016 which was duly attended and the service engineer namely Amit Kumar visited  the premises of the complainant  and after checking  the same made some adjustments and made the refrigerator of the complainant  in perfectly working  condition but his fact has not been  disclosed by the complainant  in her complaint. Hence, there is no deficiency on the part of OPs and prayed for dismissal of the complaint. On 15.07.2016, vide separate statement the complainant has given up OP No.1.

3.                To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 and close his evidence. On the other hand, Counsel for the OPs No.2& 3 tendered affidavit as Annexure R-X alongwith documents Annexure R-1 to R-2 and close their evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. It is not disputed that complainant had purchased the refrigerator in question from OP No.1 on 18.2.2015. Main grievance of the complainant is that the refrigerator become defective soon after its purchased, therefore, on her complaint OP No.2 got  the same repaired as per Annexure R-2 dated 24.01.2016 after making some adjustment  but the complainant was not satisfied and she kept on asking the OPs for rederssal of her grievance. When her grievance was not redressed, therefore, she approached this Forum by way of filing of the present complaint. It is worthwhile to mention here that the provisions of CP Act are liberal in nature and the main aim of this Act is to protect the consumers from the harassment of the Shopkeepers.

5.                          The complainant in her complaint specifically alleged that the refrigerator was giving many problems such as electrical shock, not cooling and freezing etc. The complainant had moved an application for appointment of LC which was allowed by this Forum vide order dated 13.02.2017. The  LC  after inspection submitted his report to this Forum on 29.03.2017. Perusal of this report reveals that the inspection was not carried out in the presence of both the parties, therefore the Ops preferred to file objections against the report in question. Thereafter, LC was summoned and was directed to inspect the refrigerator in question in the presence of both the parties v.o.d. 31.07.2017. But LC has given the report on 22.08.2017 wherein it has been mentioned that the refrigerator could not be examined due to non cooperation of OPs besides avoidable circumstances. The Local Commissioner was again directed to inspect the refrigerator in question after fixing the time by both the parties on 08.11.2017. On 22.12.2017, LC appeared before this Forum and by way of his affidavit submitted that the report 29.03.2017 is true and as per the actual status of the refrigerator in question. This Forum has taken sufficient steps to resolve the matter in question and in order to bring the truth on the case file also directed the LC to get the refrigerator inspected again in the presence of both the parties with a direction to the complainant to bring the product in question at Government Polytechnic, Ambala City on 06.02.2018. Annexure R-1 i.e. report of LC reveals that neither the complainant nor her representative had visited the said Polytechnic along with the refrigerator in question as per direction of this Forum. Since the LC who is a Government Officer, who had inspected the refrigerator, in his affidavit has specifically mentioned about the defects in product in question and LC has observed at the time of inspection that “the fridge in question, is bearing highest power saving sticker on the door of the fridge. But in a reality, there is leakage of cooling effect from inside of the fridge to the outer most boundary, causing energy consumption than the desired standard one and hence putting un-necessary financial burden on the pocket of the customer”,  therefore, this Forum has no other option but to believe the report dated 29.03.2017. Though, the OPs had filed objections against his report and also filed counter affidavit against the affidavit of the LC but the OPs have not brought any evidence on the case file to show that the LC was partial and has submitted his report as per the wishes of the complainant. Since, the OPs had failed to produce on file that the LC has any ill will against them in that eventuality they could have got the refrigerator inspected at their own with the prior permission of this Forum. The OPs have even not sent any own engineer to verify/ know the defect as alleged by the complainant. On one hand, the OPs had claimed impeccable features in the product in question and on the other hand, they had failed to redress the grievance of the complainant.  In the present case one thing is clear that the complainant has been harassed and till today her grievance has not been redressed. In the present case the complainant neither satisfied with the functioning of the product in question nor the services which were to be provided by the OPs after selling of the product, therefore, it would be appropriate if we direct the OPs (except OP No.1 given up on 15.07.2016) to rectify the defect in the refrigerator in question. Accordingly, the present complaint is partly allowed with no order to cost and the Ops are directed as under:-

1. The Op Nos. 2 & 3 are directed to rectify the defects of the refrigerator and make it working condition without charging any cost failing which the Ops would replace with the new one having equal value of the product. Compliance of this order be made within period of 60 days after receiving the copy of the order.

 

Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :05.03.2018              

                                                                                                                                             

   

(PUSHPENDER KUMAR)     (ANAMIKA  GUPTA)                  (D.N. ARORA)

   Member                                          Member                                    President