Haryana

Ambala

CC/232/2018

Paramjit Singh - Complainant(s)

Versus

M/s Videocon Industries - Opp.Party(s)

30 Jan 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA

 

 

                                                                      Complaint case no.        :  232 of 2018

                                                          Date of Institution         :  01.08.2018

                                                          Date of decision    :  30.01.2019

 

 

Paramjit Singh son of Sh. Shadi Ram resident of Village Kaula, District Ambala.(Age 35 years)

    ……. Complainant.

 

 

1.  M/s Videocon Industries Ltd. 14 KM stone, Paithan Road, Chitegoan, TQ Paithan, Districr Aurangabad- 431105

2.  M/s Arvind Electronics & Electricals, Prem Nagar, Ambala.

 

 ….…. Opposite Parties.

 

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

Sh. Pushpender Kumar, Member

                   Dr. Sushma Garg,  Member.

                  

         

Present:        Sh. B.S.Jaspal, counsel for complainant.

 OP No.1 ex parte v.o.d.13.09.2018.

 OP No 2 already ex parte v.o.d. 20.11.2018.

 

 

ORDER:

PER DR.SUSHMA GARG, Member:

In nutshell, brief facts of the present complaint is that the complainant had purchased fully automatic washing machine of Videocon from OP No.2 on 28.12.2016 vide bill no. 6109 for Rs. 30,000/- with the warranty  machine is two years  and warranty of motor is 8 years. From the very first day, the washing machine was defective. There are vibration and noise in the motor of the washing machine. The complainant intimated the Ops many times and requested to remove the defect.  OP No.1 sent their mechanic/engineer so many times for the repair of the washing machine but they fail to remove the defects. The engineer of the OP No.1 told that there is manufacturing defect in the above said machine and it cannot be rectified.  The complainant also stated that Ops had taken the price of the new washing machine and had delivered the defective washing machine to him.  After that the complainant requested to the Ops for rectify the defects in the washing machine but they failed to do so. Due to illegal, unlawful and arbitrary act of the Ops, the complainant has suffered harassment and mental agony.  Hence, the complainant filed the present complaint.

2.                 Registered notices issued to Op No.1 but none has appeared on behalf of OP No.1 and he is proceeded against exparte v.o.d.13.9.2018. However, Sh. Tejinder Pal Singh Advocate filed memo of appearance for OP No.2. Thereafter, no one appeared on behalf of OP No.2 also. Hence, OP No.2  proceeded ex parte v.o.d.20.11.2018.

3                 To prove his version complainant tendered his affidavit as Annexure C-1 along with documents as Annexure C-2 and C-4 and close his evidence.

4.                We have heard learned counsel of the complainant and carefully gone through the case file.  

5.                The averments made in complaint regarding defective washing machine have been corroborated with the evidence. The machine is within warranty period. The complainant has also placed on file the copies of the messages sent by the OP regarding registration of the complaint regarding defective machine with the customer service Department of the OPs. However, the Ops have failed to take any action. The Ops have not contested the complaint. In this case OPs have proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. We are of the view, OPs are indulged in an illegal trade practice and also deficient in providing after sale service to the complainant.

6.                     In view of above discussion, the present complaint is deserved to be accepted and same is hereby allowed against the Ops with cost which is assessed Rs. 5,000/- and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To replace the faulty washing machine with  new one of the same model if they are not in position to replace the washing machine  then to refund the cost of machine  amounting Rs.30,000/- alongwith interest at the rate of 9% per annum from the date of complaint till its realization

(ii)     Also to pay compensation a sum of Rs. 10,000/- on account of mental harassment & agony.

                   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 : 30.01.2019

 

 

 

(PUSHPENDER KUMAR)     (DR.SUSHMA GARG) (D.N.ARORA)

                 Member                                      Member                   President