DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.95 of 26-03-2015

Decided on 30-10-2015

Rani Bala aged about 62 years W/o Shri Hari Karishan Sharma R/o H.No.3202/A, Street No.3, Waxi Printing Press Wali Gali, Court Road, Bathinda.

........Complainant

Versus

1.M/s Videocon Industries Limited, Ist Floor, Autocars Compound, Adalat Bazaar, Ayrabgavad, PIN-431005, through its Managing Director.

2.M/s Jiwan Electronics, Post Office Bazaar, Bathinda, through its Proprietor/Manager.

3.M/s Video Service Centre, St. No.8-A, Bhatti Road, Bathinda, through its Proprietor.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.M.P Singh Pahwa, President.

Smt. Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.J.D Nayyar, counsel for the complainant.

For Opposite parties: Opposite parties ex-parte.

ORDER

M.P Singh Pahwa, President:-

1. The complainant Rani Bala (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties M/s Videocon Industries Limited and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that she purchased one Videocon fridge for Rs.9000/- vide invoice dated 29.7.2013 from opposite party No.2 with 5 years guarantee. It started giving problems from the beginning as it started making heavy noises and explode time and again, causing panic in the house. It also freeze more ice than requirement.

3. It is alleged that the complainant lodged complaint with opposite party No.3 and also its service centre at Ludhiana on 27.2.2015, but nothing is done to set right the fridge. One mechanic inspected the fridge and disclosed that there is some manufacturing defect in it and that cannot be set right. The complainant requested time and again to replace the fridge with new one, but to no effect. The complainant is put to harassment and unfair trade practice and deficient in service.

On this backdrop of the facts, the complainant has claimed Rs.50,000/- as damages and prayed for directions to opposite parties to replace the fridge with new one alongwith interest @ 18% per annum.

4. Upon notice, opposite party Nos.1 and 3 appeared through its representative Sh.Gurpreet Singh and none appeared on behalf of opposite party No.2. Later on, none appeared on behalf of opposite party Nos.1 and 3 also after 15.5.2015. Hence, ex-parte proceedings were ordered against all opposite parties.

Opposite party Nos.1 and 3 filed their joint written version wherein they have raised the legal objections that the complaint is not maintainable. The allegation of the complainant regarding deficiency in service is with malafide intention and without any cause. Opposite party No.1 provided the services against the complaint on top most priority. The product in question is utilized by the complainant for more than 2 years. As such, the complainant cannot take plea of deficiency in service. The product in question became defective due to negligence and misuse on the part of the complainant.

5. On merits also, it is pleaded that opposite party No.1 provided the services in following manner against the complaints of the complainant on top most priority:-

Dated Jobs to be done by OPs

7.8.2013.................Internal Adjustment in Gas Kit.

8.5.2014.................Door Adjustment.

20.7.2014...............Thermostat has been replaced.

This proves that opposite party No.1 has provided the services to the complainant on top most priority and there is not a single iota of truth in the complaint. Although, opposite party Nos.1 to 3 have controverted all other averments. However, it is further pleaded that as a good corporate policy and having regard to the facts and circumstances of the case and without going into the nitty-gritty of provisions of law, opposite party No.1 is ready to provide repair services of the product in question as per its warranty policy.

In the end, opposite party Nos.1 and 3 prayed for dismissal of complaint.

6. Parties were afforded opportunities to produce evidence.

7. In support of her evidence, the complainant tendered into evidence affidavit of Hari Krishan Sharma, (Ex.C1); photocopy of invoice, (Ex.C2) and her own affidavit dated 28.8.2015, (Ex.C3).

8. We have heard learned counsel for complainant and have gone through the file carefully.

9. Learned counsel for complainant has reiterated his version as set up in the complaint and detailed above. The complainant has placed on record invoice, (Ex.C2) to prove that he has purchased the fridge from opposite party No.2. As per invoice also, the guarantee/warranty is as per company policy. There is nothing to show that the guarantee/warranty is for the period of 5 years or for any other period. Opposite party Nos.1 and 3 have also not denied regarding guarantee/warranty. Opposite party Nos.1 and 3 have clearly stated in their written version that without going into niti grity of law, they are ready to provide repair service of the product in question as per warranty policy. As per the complainant himself, the product was purchased on 29.7.2013 i.e. more than 2 years back. Therefore in these circumstances, the prayer of the complainant for replacing of the fridge with new one is not justified. Opposite party Nos.1 and 3 have itself offered to provide repair service as per warranty policy.

10. For the reasons recorded above and keeping in view the offer of opposite party No.1, the complaint is partly accepted against opposite party Nos.1 and 3 without any order as to cost and dismissed qua opposite party No.2. Opposite party Nos.1 and 3 are directed to repair the fridge in question as per warranty policy.

11. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

12. This case could not be decided within the statutory period due to heavy pendency.

13. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:- (M.P Singh Pahwa)

30-10-2015 President

(Sukhwinder Kaur)

Member